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Non payment of gratuity by employer
11-May-2023 (In Labour & Service Law)
Even if someone who has completed 4.5 years of service is also entitled for gratuity as any period exceeding 6 months in a particular year is deemed to have completed a full year.
As per your facts, you have completed 10 years of service. Thus, you are entitled for gratuity amount for 10 years of service, which can be calculated as below:
Last dream salary (basic salary + dearance allowance) * 10* 15/26.
You should send the legal notice to your employer to give the sum as the gratuity. If he still fails to pay then you should approach labor commissioner office.
The jurisdiction of labor commissioner office shall depend on the district, in which you were placed I.e. place of your employment.
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Adv. Bharat Agarwal
Noida | 500+ Answers
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How do I send a legal notice to my employer?
How do I write a legal notice to my employer for non payment of salary?
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Allahabad | 500+ Answers
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Neha Singh
I have worked in an organisation for 4 years and 11 month and 1 day, can i claim gratuity?
Because HR asked me to file an RTI. What should i do next?
Reply by LawRato
Yes, you are eligible to claim gratuity if you have worked for 4 years and 11 months and 1 day in an organization. It is not typically necessary to file an RTI for gratuity claims. Instead, you should submit a written application to your employer, including relevant documents, such as your resignation letter and proof of employment duration. Follow up with the HR department for the progress of your application.
Alternatively, you can consult a lawyer who will guide you after understanding the facts of your case better. You can hire a lawyer by clicking on the link below.
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Vanisha
Is it mandatory to claim gratuity within 30 days of resignation. Or one can claim it thereafter
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