I have worked in an organization in Gujarat from May 2005 to June 2016 (11 years). When I resigned, I could not complete my notice period, so they have not paid my last month's salary. I received my relieving letter and claimed for PF, but I did not claim for gratuity as I didn't know it had to be claimed. The HR personnel also did not provide any information regarding gratuity.
After two months, I emailed my HR head regarding gratuity, but I did not receive any reply. What should I do? Am I eligible for gratuity or not? Additionally, they have not paid my bonus amount for five years, which was deducted from my salary unofficially (not shown in the payslip) as part of the CTC. I am currently in Visakhapatnam.
Regards
From India, Kolkata
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After two months, I emailed my HR head regarding gratuity, but I did not receive any reply. What should I do? Am I eligible for gratuity or not? Additionally, they have not paid my bonus amount for five years, which was deducted from my salary unofficially (not shown in the payslip) as part of the CTC. I am currently in Visakhapatnam.
Regards
From India, Kolkata
Acknowledge(0)Amend(0)
Gratuity Application Process
A person eligible for the payment of gratuity under this Act, or any person authorized in writing to act on their behalf, shall send a written application to the employer within 30 days in Form I for payment of such gratuity. Where the date of superannuation or retirement is known, such form is to be given 30 days before that date.
A nominee shall apply for gratuity in Form J within 30 days of it being payable. A legal heir may apply in Form H within 30 days of it being payable. Any form for claiming gratuity submitted after the due dates specified above can be accepted if the employee provides an adequate reason for the delay.
As soon as gratuity becomes payable, the employer shall, whether an application referred to in subsection (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority, specifying the amount of gratuity so determined. The employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable.
So if you submit now, generally there will be no problem because no excessive delay has occurred.
Regards
From India, Kolkata
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180A person eligible for the payment of gratuity under this Act, or any person authorized in writing to act on their behalf, shall send a written application to the employer within 30 days in Form I for payment of such gratuity. Where the date of superannuation or retirement is known, such form is to be given 30 days before that date.
A nominee shall apply for gratuity in Form J within 30 days of it being payable. A legal heir may apply in Form H within 30 days of it being payable. Any form for claiming gratuity submitted after the due dates specified above can be accepted if the employee provides an adequate reason for the delay.
As soon as gratuity becomes payable, the employer shall, whether an application referred to in subsection (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority, specifying the amount of gratuity so determined. The employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable.
So if you submit now, generally there will be no problem because no excessive delay has occurred.
Regards
From India, Kolkata
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