Gratuity Legal Rights: Gratuity is not just a part of salary, but a legal reward of your hard work and loyalty. Those working for 4 years 8 months are also considered entitled to 5 years. If the company does not pay, you can take action.
Gratuity legal actions: If you are working in a company, then you get many benefits besides salary. One of these also gratuity. This is a reward of hard work in your company to work for a long time. Often people think that only 5 years of work will get gratuity, but in fact, if you have worked for 4 years 240 days i.e. 4 years 8 months, then you can still get gratuity according to the service of 5 years. But the problem comes when the company is reluctant to give it. There is no need to get upset in such a situation. You can get your gratuity without hassle by complaining under Payment of Gratuity Act, 1972. Step-by-step method here …
What is the first step to get gratuity?
If the company is stopping your gratuity money, you can send it to the legal notice. It is clarified in the notice that how many years you have worked in the company and why you are entitled to gratuity. Also a certain time limit is given, such as 15 or 30 days, within which payment should be made. This step formally informs the company about your rights and prepares the basis for further legal action.
What to do if the company does not give gratuity even after notice?
If the company does not pay even after the notice, then the next step is to complain to the District Labor Commissioner. The Labor Commissioner conducts a thorough investigation into the case, hearing from both sides and if the company is found guilty, not only the amount of gratuity is given to you, but it can also be imposed interest and fine. Interest appears from the date from which gratuity should have been paid.
How many days do gratuity meet?
Rules to get gratuity also say that the amount should be deposited in your bank account within 30 days after leaving the job. If you die for some reason during your job, then the condition of 5 years does not apply. In this situation the entire amount is given to your nominee, so that the family can get financial security.
Can the company stop gratuity?
In some circumstances the company may stop gratuity. If the employee is accused of fraud, theft or serious negligence, the company may stop payment. But for this the company will have to issue evidence and show cause notice. After this, there will be a hearing and the amount of damage can be deducted only if the guilt is proved. It is not possible for the company to stop the entire gratuity.
Frequently asked questions (FAQ)
How many years do gratuity meet after working?
Usually after giving 5 years of continuous service, but even if you have worked 4 years 240 days (about 4 years 8 months), you can still get gratuity according to 5 years of service.
What to do if the company refuses to give gratuity?
First send legal notice. If you still do not get money, then complain to the District Labor Commissioner.
How many days will the money be received after applying for gratuity?
Within 30 days of applying, your money should be deposited in the bank account.
What if an employee dies during a job?
The condition of 5 years does not apply. The entire gratuity gets to the nominee.
If the company is preventing gratuity incorrectly, will it be fined?
Yes, the District Labor Commissioner can also impose penalty and interest along with gratuity if it is proved to be defect.
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