Hi,
I worked in an autonomous institute under the Central Government from 2004 to 2016. I resigned and joined a private company in November 2016. I forwarded my resignation letter through the proper channel in the institute, but I still have not received my gratuity from my previous office.
Am I eligible for payment of gratuity under the 1972 law? I am eagerly awaiting your reply, comments, or suggestions.
Thanks.
Regards,
Mahesh
**Location**: Mumbai, India
From India, Mumbai
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I worked in an autonomous institute under the Central Government from 2004 to 2016. I resigned and joined a private company in November 2016. I forwarded my resignation letter through the proper channel in the institute, but I still have not received my gratuity from my previous office.
Am I eligible for payment of gratuity under the 1972 law? I am eagerly awaiting your reply, comments, or suggestions.
Thanks.
Regards,
Mahesh
**Location**: Mumbai, India
From India, Mumbai
Acknowledge(0)Amend(0)
Payment of Gratuity in Autonomous Body under Central Government
Mahesh, as per the Payment of Gratuity Act, 1972, you are indeed eligible for gratuity payment from your previous autonomous institute under the Central Government. Here's a step-by-step guide to help you navigate this situation:
1. Eligibility Criteria:
- To be eligible for gratuity, an employee must have completed a minimum of 5 years of continuous service with the same employer.
- Since you worked from 2004 to 2016, you have completed more than 5 years of service, making you eligible for gratuity.
2. Calculation of Gratuity:
- Gratuity is calculated based on a formula: (Last drawn salary * 15/26 * Number of years of service).
- The last drawn salary includes basic salary and dearness allowance.
3. Procedure for Claiming Gratuity:
- Contact your previous employer's HR or administrative department to inquire about the status of your gratuity payment.
- Submit a formal written request for the payment of gratuity, citing the relevant provisions of the Payment of Gratuity Act, 1972.
4. Legal Recourse:
- If your previous employer fails to respond or denies your gratuity claim unjustly, you may seek legal assistance to enforce your rights under the labor laws.
5. Documentary Evidence:
- Ensure you have copies of your resignation letter, proof of employment duration, salary slips, and any communication related to your gratuity claim.
6. Timeline:
- The employer is required to pay gratuity within 30 days from the date it becomes payable. If there is a delay, inquire about the reasons and seek resolution promptly.
7. Seek Assistance:
- If you encounter any challenges or delays in receiving your gratuity, consider seeking guidance from a labor law consultant or legal advisor to expedite the process.
By following these steps and being proactive in your approach, you can assert your right to receive the gratuity amount owed to you by your previous autonomous institute under the Central Government.
From India, Gurugram
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54Mahesh, as per the Payment of Gratuity Act, 1972, you are indeed eligible for gratuity payment from your previous autonomous institute under the Central Government. Here's a step-by-step guide to help you navigate this situation:
1. Eligibility Criteria:
- To be eligible for gratuity, an employee must have completed a minimum of 5 years of continuous service with the same employer.
- Since you worked from 2004 to 2016, you have completed more than 5 years of service, making you eligible for gratuity.
2. Calculation of Gratuity:
- Gratuity is calculated based on a formula: (Last drawn salary * 15/26 * Number of years of service).
- The last drawn salary includes basic salary and dearness allowance.
3. Procedure for Claiming Gratuity:
- Contact your previous employer's HR or administrative department to inquire about the status of your gratuity payment.
- Submit a formal written request for the payment of gratuity, citing the relevant provisions of the Payment of Gratuity Act, 1972.
4. Legal Recourse:
- If your previous employer fails to respond or denies your gratuity claim unjustly, you may seek legal assistance to enforce your rights under the labor laws.
5. Documentary Evidence:
- Ensure you have copies of your resignation letter, proof of employment duration, salary slips, and any communication related to your gratuity claim.
6. Timeline:
- The employer is required to pay gratuity within 30 days from the date it becomes payable. If there is a delay, inquire about the reasons and seek resolution promptly.
7. Seek Assistance:
- If you encounter any challenges or delays in receiving your gratuity, consider seeking guidance from a labor law consultant or legal advisor to expedite the process.
By following these steps and being proactive in your approach, you can assert your right to receive the gratuity amount owed to you by your previous autonomous institute under the Central Government.
From India, Gurugram
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Payment of Gratuity Central Rules 1972.doc
Central-Governm ent- of-India-Holida y-List 2016.pdf
Central-Governm ent- of-India-Holida y-List 2016-page-001.j pg