The Gratuity Act of 1972 was created to provide retirement benefits to employees across India. Gratuity is a lump sum amount paid by the employer to the employee at the time of retirement or in some other special cases. However, sometimes companies delay or even deny gratuity payments. If you are facing such issues, here is a simple guide to help you claim your gratuity legally.
Who is Eligible to Get Gratuity?
Before filing a claim, check if you meet the following conditions:
- You must have completed at least 5 years of continuous service with your employer.
- Gratuity is payable on resignation, retirement, termination, or in case of death or disability.
If you meet these conditions, you are legally entitled to receive gratuity.
Step 1: Submit a Written Request
If your employer hasn’t paid your gratuity:
- Fill Form I (Application for Payment of Gratuity).
- Submit it to your employer through registered post or email.
- Keep a copy or proof of submission for your records.
This is your official demand for the gratuity amount.
Step 2: Approach the Controlling Authority
If the employer doesn’t respond within 30 days, you can:
- Fill Form N and file a complaint with the Controlling Authority or Labour Commissioner in your area.
- Submit copies of appointment letters, salary slips, and proof of service.
- The authority will send a notice to your employer for a hearing.
Step 3: File a Case in Labour Court
If the issue remains unresolved:
- File a case under Section 8 of the Gratuity Act in the Labour Court or Industrial Tribunal.
- It is advised to consult a labour law expert or lawyer.
- You can also claim interest and compensation for the delay.
Step 4: Employer Can Be Punished
According to Section 9 of the Act:
- Employers who delay gratuity payments can face a fine or imprisonment for up to 6 months.
- You can even file a civil case to recover the unpaid amount.
Conclusion
If your employer refuses or delays gratuity payment, you don’t have to stay silent. Follow the steps above and take legal help when needed. Keep all records and documents safe, as they will support your claim. Remember, the law is on your side, and with proper action, you can recover your rightful gratuity.