The benefit of gratuity is given to all government and private sector employees, who work in an employer or company for a fixed period of time. Now the question is that if you leave the company or resign, then within how many days you get gratuity and till when you can apply for it. Can the employer also refuse to pay if there is a delay?
new Delhi. Under the Gratuity Act, be it government or private, everyone gets the benefit of working in the same employer or company up to the prescribed limit. If an employee works with an employer continuously for 5 years, then he is paid its amount under the fixed formula of gratuity. Gratuity is definitely paid whether you are retired or giving a resignation.
Now the question arises that after how many days after leaving the job or resigning, you can claim gratuity. Can your employer refuse to pay if you claim after the passage of time? What is the process of claiming it and in how many days your money comes into the account. Talking to the experts about this, many useful information has come to the fore.
Till when to apply
Investment advisor Sweety Manoj Jain says that according to the Gratuity Act 1972, any employer will be required to pay the amount of gratuity within 30 days of the employee leaving or resigning. It is obvious that the employee is also required to apply within the stipulated period of 30 days. If you cannot apply yourself, then whoever has authorized in your place can apply for gratuity within these 30 days.
If applied after 30 days then…
Although the period for giving application for gratuity is fixed in 30 days, but if an employee gives application for gratuity even after this, the company cannot reject it. However, there is no fixed criteria about how many days after leaving the job or resigning, you can apply, but the company can never reject your application saying that the application has come after the deadline.
What is the process of claiming gratuity
- Within 30 days of leaving the job or resigning, the employee will have to fill Form ‘I’.
- If the employee has appointed or authorized someone else as his nominee, then he will have to fill Form ‘J’ and give it to the employer.
- Within 15 days of receiving the application, your employer will reply on it.
- If the application is correct under the rules and your gratuity is made, then the employer will fill the details of the entire amount in Form ‘L’.
- The employer will also tell you a fixed date, within which you will be paid gratuity. This time limit should be within 30 days from your application.
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