I have a query regarding the payment of gratuity. I had left the services of a company 5 years ago after serving for 7 years and 9 months. They have not settled my gratuity. I had not made a separate application for gratuity to the company, although I mentioned it in the list of dues after resigning. Will interest be payable by the company on the unpaid gratuity for the five years of delay? I had not applied in "form I."
Thank you in advance
From India, Ahmedabad
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Thank you in advance
From India, Ahmedabad
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Hi,
You can check joining formalities, and after that, you can review the appointment letter, which clearly states the gratuity eligibility. The minimum requirement for gratuity is 5 years, and since you have already completed 7 years and 9 months of service, you are eligible.
You should contact the company's HR department and request the gratuity benefit. In case the gratuity is not paid after your request, you can approach the Labor Office department and meet the Labor Inspector to discuss the gratuity issue and provide a statement against the company.
Thank you.
From India, Kolhapur
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1You can check joining formalities, and after that, you can review the appointment letter, which clearly states the gratuity eligibility. The minimum requirement for gratuity is 5 years, and since you have already completed 7 years and 9 months of service, you are eligible.
You should contact the company's HR department and request the gratuity benefit. In case the gratuity is not paid after your request, you can approach the Labor Office department and meet the Labor Inspector to discuss the gratuity issue and provide a statement against the company.
Thank you.
From India, Kolhapur
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Thanks for the response. I also want to know, that since i left in 2011, its about five years, so can i also claim interest on the gratuity amount?
From India, Ahmedabad
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From India, Ahmedabad
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I think your claim is time-barred.
If you have not applied for 3 years, the claim is not maintainable. If you have not filed form I, then there is no question of collecting interest. Why do you expect the company to pay when you have not bothered to claim their money?
From India, Mumbai
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If you have not applied for 3 years, the claim is not maintainable. If you have not filed form I, then there is no question of collecting interest. Why do you expect the company to pay when you have not bothered to claim their money?
From India, Mumbai
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc