graduity claim graduity claim

2 months ago

i have work in 1 compeny for 5 years now due to personal reason i have resign and leave the job the given my full and final but graduity and exprience latter not provid

Anik

Responded 2 months ago

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A.Dear client,

It is mandatory for your organisation to pay gratuity. You can file a complaint against the company in the portal http://pgportal.gov.in Please ensure that you have made a complaint within 90 days of the non payment of gratuity. As per the gratuity act, you need to apply for gratuity within 30 days after your eligibility.

If the employer is not paying gratuity, you can approach the controlling authority under the gratuity Act. If the company fails to pay the gratuity amount to its employee within 30 days of passing the order, the Assistant Labor Commissioner appointed in the Labor Commissioner’s Office of the district, will then initiate legal action against the company within 15 days.

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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
With the enactment of the Payment of Gratuity Act, 1972, payment of gratuity has become mandatory for the establishment where it is applicable. A gratuity must be paid to an employee upon cessation of employment if he or she has rendered continuous service for five years or more, according to Section 4(1) of the Payment of Gratuity Act of 1972. Section 4(2) of the Act provides that for every completed year of service or part thereof in excess of 6 months, the employer shall pay gratuity to an employee at the prescribed rates. According to section 2A of the Act, an employee is said to be in continuous service for a period if he has for that period been in uninterrupted service including service which may be interrupted on account of accident, sickness, leave, absence from duty without leave, layoff, strike or a lock-out or cessation of work not due to any fault of employee. In view of the above proposition of law, when you rendered uninterrupted and continuous service for more than five years in an establishment. under the Payment of Gratuity Act, 1972, you are eligible for gratuity payable by your employer. If the employer denies payment of Gratuity, then apply to the Controlling Authority under the Payment of Gratuity Act and the Asst. Labour Commissioner concerned with claiming gratuity from the employer.
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