Hi all, I have already resigned from the company in January 2008. However, I have not received my gratuity payment until now. Whenever I inquire about it, they provide various reasons. Is this permissible according to the company's rules or regulations? What steps can I take to obtain my gratuity?
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Please give the following particulars Date of joining Date of leaving Nature of activity of the company Number of persons employed in the company.
From India, Madras
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181From India, Madras
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Thank you, Harikrishnan sir, for the reply. I am providing additional details below:
Employment Details
- Date of joining: 03-11-2000
- Probation period: 6 months
- Basic pay: $7500 at the time of leaving
- Gross salary: $29000
- Date of resignation: 10-01-2008
- Company: Animation Studio
- Approximately 500 employees were present at the time of joining.
Regards.
From India, Thiruvananthapuram
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Employment Details
- Date of joining: 03-11-2000
- Probation period: 6 months
- Basic pay: $7500 at the time of leaving
- Gross salary: $29000
- Date of resignation: 10-01-2008
- Company: Animation Studio
- Approximately 500 employees were present at the time of joining.
Regards.
From India, Thiruvananthapuram
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Thank you, Harikrishnan, sir, for the reply. I am providing additional details below:
Employment Details
- Date of joining: 03-11-2000
- 6-month probation
- Basic pay: 7500 upon leaving
- Gross salary: 29000
- Date of resignation: 10-01-2008
- Company Name: Animation Studio
- Approximately 500 persons were employed at the time of joining.
Regards.
From India, Thiruvananthapuram
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Employment Details
- Date of joining: 03-11-2000
- 6-month probation
- Basic pay: 7500 upon leaving
- Gross salary: 29000
- Date of resignation: 10-01-2008
- Company Name: Animation Studio
- Approximately 500 persons were employed at the time of joining.
Regards.
From India, Thiruvananthapuram
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You are entitled to receive gratuity at the rate of 15 days' pay for every year of continuous service. In your case, the number of years of continuous service is 7 years, 2 months, and 7 days. You are entitled to gratuity for seven years at the above-specified rates. One day's wage is to be calculated by dividing the last basic plus dearness allowance by 26. I have assumed that during the period of service with your employer, there was no break in the service rendered by you.
With regards,
From India, Madras
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With regards,
From India, Madras
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thank you sir And i am very clear in your sincere replay. I have one more query regarding this issue. How many moth they can take to issue the gratuity? with in one month or one year after resign?
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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As per the Payment of Gratuity Act 1972, Section 7 Sub-section 3, the employer is liable to release the amount of gratuity within 30 days. In case of failure on his part, the controlling Authority (Assistant Labour Commissioner/Labour Commissioner) may be contacted to determine the gratuity amount, besides the damages (interest) for the delayed period. Application Form 'I' to claim the Gratuity is given below.
Regards
From India, Delhi
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Regards
From India, Delhi
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Subject: Re: Gratuity
As per the Payment of Gratuity Act 1972, Section 7 Sub-section 3, the employer is liable to release the amount of gratuity within 30 days. In case of a failure on their part, the controlling authority (Assistant Labour Commissioner/Labour Commissioner) may be contacted to determine the gratuity amount, besides the damage (interest) for the delayed period. The application form 'I' to claim the gratuity is given below.
Regards
From India, Delhi
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As per the Payment of Gratuity Act 1972, Section 7 Sub-section 3, the employer is liable to release the amount of gratuity within 30 days. In case of a failure on their part, the controlling authority (Assistant Labour Commissioner/Labour Commissioner) may be contacted to determine the gratuity amount, besides the damage (interest) for the delayed period. The application form 'I' to claim the gratuity is given below.
Regards
From India, Delhi
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thank you for replay one more query regarding this. what is the the situation if employer terminated one person. Terminated guy is eligible for gratuity?
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Hi, please send me a gratuity report as per labor law. I have prepared the gratuity report with the following details: Name - Date of Joining - Years of Service - Basic Allowance + Dearness Allowance - Gratuity Amount. My accountant is not accepting this kind of report, and he requires a report that complies with labor law standards and is certified by professionals. Please advise me on how to proceed.
From India, Bangalore
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From India, Bangalore
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Dear Mr.Santhoshkumar Yours is a case of resignation and not termination. You are entitled for gratuity. With regards
From India, Madras
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From India, Madras
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You have the right to get your gratuity back from your employer; this right is granted by law. All you need to do is go to the labor department and meet the controlling authority, presenting your Appointment Letter or Relieving Letter. They can assist you in retrieving your gratuity from your previous employer.
Regards
From India, Hyderabad
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Regards
From India, Hyderabad
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Harikrishnan Sir had already cleared the query.
Gratuity Calculation
Gratuity (in your case) = Gratuity Days X One day Wage (Basic + DA)
Length of Service = 7 years 2 months 8 days
Gratuity Days = 7 X 15 + (2 X 30 + 8) X 15 / 365 = 108
Gratuity to be paid by the employer within 30 days after Retirement. We in our organization usually start our procedures on the 10th of the retiring month, such that we pay Gratuity on the next day of retirement.
Steps to Address Unpaid Gratuity
You may meet the ALC (Assistant Labour Commissioner) regarding your unpaid Gratuity Amount. In any case where the employer has not paid gratuity to the concerned person or their nominee or in any dispute, they need to submit the same to the ALC Office for safe custody and necessary action.
You may meet, and your previous employer will have to pay you Gratuity with the interest therein.
From India, Varanasi
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Gratuity Calculation
Gratuity (in your case) = Gratuity Days X One day Wage (Basic + DA)
Length of Service = 7 years 2 months 8 days
Gratuity Days = 7 X 15 + (2 X 30 + 8) X 15 / 365 = 108
Gratuity to be paid by the employer within 30 days after Retirement. We in our organization usually start our procedures on the 10th of the retiring month, such that we pay Gratuity on the next day of retirement.
Steps to Address Unpaid Gratuity
You may meet the ALC (Assistant Labour Commissioner) regarding your unpaid Gratuity Amount. In any case where the employer has not paid gratuity to the concerned person or their nominee or in any dispute, they need to submit the same to the ALC Office for safe custody and necessary action.
You may meet, and your previous employer will have to pay you Gratuity with the interest therein.
From India, Varanasi
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In case the employer has not paid the gratuity, please submit an application before the ALC/Controlling Authority having jurisdiction, along with your correspondence for condonation of delay.
If the employer fails to pay the gratuity within the stipulated period, i.e., 30 days from the day it becomes due, they will be liable to pay 10% interest as notified by the central government vide notification No. S-70012/6/87.SS-II(II) dated 1st Oct 1987.
Thanks & Regards,
RL Dhingra
Advocate & Labour Law Consultant, Delhi
Mobile: [Phone Number Removed For Privacy Reasons]
Email: [Email Removed For Privacy Reasons]
From India, Delhi
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If the employer fails to pay the gratuity within the stipulated period, i.e., 30 days from the day it becomes due, they will be liable to pay 10% interest as notified by the central government vide notification No. S-70012/6/87.SS-II(II) dated 1st Oct 1987.
Thanks & Regards,
RL Dhingra
Advocate & Labour Law Consultant, Delhi
Mobile: [Phone Number Removed For Privacy Reasons]
Email: [Email Removed For Privacy Reasons]
From India, Delhi
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Dear Shri Santosh Kumar Ji, you are entitled to receive gratuity for the services rendered by you from 03/11/2000 to 10/01/2008. The qualifying service period is 7 years, 02 months, and 07 days, rounded off to 7 years. Because the gratuity is computed on basic pay + dearness allowance and not on other allowances only, and you have not specified these two factors, I am not able to work out the amount of gratuity you are entitled to for 7 years. The reason you are not receiving the gratuity despite the lapse of 2 years and 7 months may be because you have not filed a written claim for gratuity. It is not automatic. You have to submit a claim for the payment of gratuity in the prescribed form. The form is available in the Payment of Gratuity Act, 1972. You may get a copy of the form from the office of your former employer or even from your present employer also.
Please clarify whether you had filed a written claim for payment of gratuity. The employer is bound to settle your claim within 30 days from the date of receipt of your claim or pay interest at the bank rate for the period of delay beyond 30 days. Please let us know the date of your lodging the claim so that we can think about what could be the possible reason for non-payment of gratuity to you by your former employer.
With regards,
From India, Pune
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Please clarify whether you had filed a written claim for payment of gratuity. The employer is bound to settle your claim within 30 days from the date of receipt of your claim or pay interest at the bank rate for the period of delay beyond 30 days. Please let us know the date of your lodging the claim so that we can think about what could be the possible reason for non-payment of gratuity to you by your former employer.
With regards,
From India, Pune
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Dear Shri Santosh Kumar Ji, please refer to my earlier post and let me know if your former employer has provided you with a written response, or are they only giving oral explanations to your queries.
Thanks and regards,
From India, Pune
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Thanks and regards,
From India, Pune
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Thank you for your advice and reply. I haven't received any return reply from my former employer because I did not apply for gratuity through the proper documentation. I have only been in touch with them over the phone as I believed the process for gratuity approval was automatic. Only now have I learned the correct way to apply for gratuity. Unfortunately, I have lost more than 3 years now. I will keep you updated on the progress of my gratuity approval.
Thanks and regards,
Santhosh Kumar
From India, Thiruvananthapuram
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Thanks and regards,
Santhosh Kumar
From India, Thiruvananthapuram
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Payment of Gratuity Act, 1972 & The Rules.ppt
FORM - F (TN Payment of Gratuity Rules, 1973).xls
Abstract of PAYMENT OF GRATUITY ACT & RULES, 1972, FORM U[1].doc