Gratuity and settlement
chidananda
(Querist) 29 June 2012
This query is : Resolved
Hello,
Have worked in an leading pharmaceuticals company for more than 5 years.Its almost three years that i have resigned but yet to get my settlement and gratuity. The company is just been giving reason's and excuses like we will settle it within next quarter etc... Can some one kindly suggest me what best can be done to get MY money from the pharmaceutical company.
would appreciate suggestions.Thanks in advance.
chitra gupta
(Expert) 30 June 2012
if u have worked for 5yrs "continuous" service,u r entitled to get gratuity as per the law....this time,u may issue one letter to ur ex-employer requesting to disburse the unpaid gratuity amount with interest(for abnormal delay.....as per ur statement)within 15days from the date of receipt of that letter OTHERWISE u would be compelled to request the competent authority(as prescibed in the act)to intervene into the matter for payment with interest.....(thanks)
Guest
(Expert) 30 June 2012
Please make a complaint before the concerned ALC & CA in the prescribed form.Your employer is liable to pay gratuity to its eligible employees,subject to applicabilty of the Act,within 30 days from the date of your retirement from services,provided you have submitted the prescribed claim form.Jurisdiction of ALC & CA depends upon the place where the cause of action took place.For further details consult a suitable lawyer and also go through the Payment of Gratuity Act.
chidananda
(Querist) 01 July 2012
Thanks a lot for the suggestions. Yes i have worked continuously for five years and i have claimed with all the necessary documents.Would be great if u can suggest how do i send a letter and what?. What is ALC & CA? am put up in Bangalore. please elaborate.
Binu Pillai
(Expert) 01 July 2012
Mr Chidanada first of all just give a written letter to the ex employer demanding to pay your gratuity and clearly state in the letter that if within a stipulated time period it will not be paid then you are compelled to take the legal actions.
Sanjay Thombare
(Expert) 01 July 2012
However, if you have applied late to the employer it is the responsibility of the employer to settle the gratuity amount along with his final settlement. The gratuity is payable as per the Gratuity Act as a part of his final settlement. As it is a statutory payment it should be paid in time framed by the Act. If the employee is particular about the interest part for the delayed payment, management has to settle his gratuity along with interest.
Also employer has to pay the gratuity within 30 days of an employee leaving the establishment. That means, even if the employee does not apply for gratuity, the employer should trace him and pay his gratuity. If the employer fails to trace him out, he should deposit the amount of gratuity with the appropriate authority under the Payment of Gratuity Act, ie, District Labour Officer (state establishments controlling authority under gratuity act) or the Asst. Labour Commissioner (factories and establishments under the control of central), failing which you have to pay interest @ 12% from the date on which gratuity became due, ie, 30 days of employee's leaving.
Raj Kumar Makkad
(Expert) 01 July 2012
I think the excercise told by learned experts might have been completed by you years ago as a result of which that company is delaying the disbursement of the final amount due to its own excuses but not denying to pay. This also means that limitation is being extended by the acceptance of ex-employer. Now you should serve a legal notice through your lawyer and thereafter should go to Commissioner under Payment of Gratuity Act and Labour-cum-conciliation officer (Practically both these authorities are same) for gratuity and other benefits matter.
chidananda
(Querist) 01 July 2012
Thanks a lot to one and all for the suggestions.
Yes, i did send the letter but in the form of a mail to director of HR. I had clearly mentioned that i would be taking legal action if you don't respond by 15 days.No use.
Rajeev Kumar
(Expert) 02 July 2012
Send them a legal notice through your lawyer by registered post and thereafter act as advised by Mr.MAKKAD
Rajeev Kumar
(Expert) 02 July 2012
Send them a legal notice through your lawyer by registered post and thereafter act as advised by Mr.MAKKAD
