LIVE GST Certification Course by CA Arun Chhajer begins 27th April. Register Now!!

Gratuity request due time doubt

Maya (Student) (658 Points)

08 December 2021

Dear frds /experts,

1)Within how many days/ period, an employee should request his gratuity to a company after his resignation?

2) If an employee fails to ask or claim his gratuity about 5-6 years back, can he able to ask for that claim now as per the law??

Earliest reply would be greatly appreciated. Thanks in adv.

-Maya.

Reply
Follow
Share

4 Replies

yasaswi gomes (My grammar is 💯 good I) (7290 Points)
Replied 09 December 2021

For gratuity, the stipulation is 30 days after leaving the company, while bonuses must be paid within the specified accounting year.

Maya (Student) (658 Points)
Replied 09 December 2021

You mean , an employee cannot ask gratuity after 5-6 years'ah??

yasaswi gomes (My grammar is 💯 good I) (7290 Points)
Replied 09 December 2021

LOL you can if your working there but not if you quit. Sorry about that. The rules suggests that once an employee becomes eligible to receive gratuity, he can apply within 30 days from the date it becomes payable. Further, if the date of retirement or superannuation is known, then too, the application can be before 30 days.

However, an employer cannot reject an application by the employee after the expiry of 30 days, if the delay happened due to a valid reason. The rules further clarify that no claim for gratuity shall be invalid merely because the claimant ..

if they reject your gratuity - Section 3 of the Payment of Gratuity Act, 1972 provides for a ‘Controlling Authority’. Different areas have different controlling authorities that ensure the effective administration of this act.

Generally, an Assistant Labour Commissioner of a state is appointed as a controlling authority in a state with the hearing taking place in the office of the Labour Commissioner. What to do if your employer refuses to pay gratuity? - iPleaders