I worked for 3i Infotech for 12 years. It has been close to a year since I resigned gracefully, but I have not received the gratuity. Every time I reach out to HR, he tells me some cock and bull story. Kindly advise me on this.
Thanks.
From India
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Thanks.
From India
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If you had been relieved properly and had received all the employment documents, then you shall raise a complaint/application before the Controlling Authority as appointed by the Government.
Recovery of Gratuity
Please find the details according to The Payment of Gratuity Act, 1972, given below.
If the amount of gratuity payable under this Act is not paid by the employer within the prescribed time to the person entitled thereto, the controlling authority shall, on an application made to it in this behalf by the aggrieved person, issue a certificate for that amount to the Collector. The Collector shall recover the same, together with compound interest thereon at such rate as the Central Government may, by notification, specify, from the date of expiry of the prescribed time, as arrears of land revenue and pay the same to the person entitled thereto:
Provided that the controlling authority shall, before issuing a certificate under this section, give the employer a reasonable opportunity to show cause against the issue of such certificate. Provided further that the amount of interest payable under this section shall, in no case, exceed the amount of gratuity payable under this Act.
From India, Bangalore
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482Recovery of Gratuity
Please find the details according to The Payment of Gratuity Act, 1972, given below.
If the amount of gratuity payable under this Act is not paid by the employer within the prescribed time to the person entitled thereto, the controlling authority shall, on an application made to it in this behalf by the aggrieved person, issue a certificate for that amount to the Collector. The Collector shall recover the same, together with compound interest thereon at such rate as the Central Government may, by notification, specify, from the date of expiry of the prescribed time, as arrears of land revenue and pay the same to the person entitled thereto:
Provided that the controlling authority shall, before issuing a certificate under this section, give the employer a reasonable opportunity to show cause against the issue of such certificate. Provided further that the amount of interest payable under this section shall, in no case, exceed the amount of gratuity payable under this Act.
From India, Bangalore
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Dear Vyronad, Go ahead as per Mr. Maheash Nair. Keep all correspondence in writing. If you speak to your HR dept., make it official by following it up with an email to him after you talk to him.
From India, Mumbai
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From India, Mumbai
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Addressing Outstanding Full and Final Settlement (FnF)
Has the rest of the FnF been cleared? If not, you will need to address it in its entirety. If they are only withholding the gratuity, they are in deep trouble. Since you have resigned and been relieved without hassle, they are bound to pay your dues within the prescribed limit.
You could give them one last chance by writing an email to the HR Head, with CC to Finance, your line authority, etc., stating facts and dates in the correct chronological order. Without being emotional and maintaining dignity, mention that if the said dues are not cleared within the next fortnight, you will be forced to move to the appropriate appellate authorities as prescribed under the Gratuity Act.
Do mention in the email something to the effect of, "A copy of this correspondence is being sent to your good office by Registered Post/Speed Post for your due consideration," and do so. Maintain records of this Speed Post (booking receipt and delivery report as available online) and email in hard copy.
Regards.
From India, Mumbai
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Has the rest of the FnF been cleared? If not, you will need to address it in its entirety. If they are only withholding the gratuity, they are in deep trouble. Since you have resigned and been relieved without hassle, they are bound to pay your dues within the prescribed limit.
You could give them one last chance by writing an email to the HR Head, with CC to Finance, your line authority, etc., stating facts and dates in the correct chronological order. Without being emotional and maintaining dignity, mention that if the said dues are not cleared within the next fortnight, you will be forced to move to the appropriate appellate authorities as prescribed under the Gratuity Act.
Do mention in the email something to the effect of, "A copy of this correspondence is being sent to your good office by Registered Post/Speed Post for your due consideration," and do so. Maintain records of this Speed Post (booking receipt and delivery report as available online) and email in hard copy.
Regards.
From India, Mumbai
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Legal Clarification on Negative Covenants in Employment Agreements.pdf