Thread: Non Payment Of Gratuity
Non Payment Of Gratuity
I need a help and some advises from you guys. Actually my friend was working in a company (Not interested in mentioning the name of the company) for last 10 years. Now he got a job in a reputed company with handsome salary. The resignation formalities have been made according to the companyís rule. He is presently come out of the company and serving his new company. Almost 2 months has been past, still he didnít have his Payment of Gratuity. He followed up many times but of no use. What he should do now? Please help me to advise my friend. I donít have any idea about this.
Donít get panic. You can easily claim his gratuity. Tell your friend not to worry much about his payment.
It is duty of every company to pay the gratuity to its employees if that employee has completed 5 years of service.
You can file a complaint on Section 4 of Payment of Gratuity Act 1972 which deals with the employees payment of gratuity to an employee who has put 5 years continuous Service.
Your gratuity can be forfeited in the following cases:
(i) if the services of an employee has been terminated for any act, wilful omission or negligence causing any damage or loss to or destruction of property belonging to the employer shall be forfeited to the extent of damage or loss so caused;
(ii) if the service of the employee has been terminated for his riotous or disorderly conduct or any other act of violence on his part or
(iii)if the services of an employee has been terminated for any act which constitutes an offence involving moral turpitude in the course of his employment.
If you donít fall under any of these cases then you are 100% eligible for gratuity.