Dear Sir, I worked for a company based in Chennai for over six years. After taking maternity leave, I was unable to return to my position following my delivery, as I am from Kerala and could not fulfill my notice period. My employer is refusing to pay my gratuity, citing that I did not complete the required 60 days of notice, a condition that was not specified in my joining letter or any other documentation. Additionally, they are demanding that I repay two months' salary, which exceeds the amount of my gratuity, and have not provided me with a relieving letter.
Am I entitled to file a complaint regarding this situation? If so, what steps should I take? Is it necessary for me to travel to Chennai to initiate this process? I would appreciate guidance on the appropriate actions to follow.
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1Am I entitled to file a complaint regarding this situation? If so, what steps should I take? Is it necessary for me to travel to Chennai to initiate this process? I would appreciate guidance on the appropriate actions to follow.
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In order to get gratuity, you have to apply in form I. If they refuse to pay it, they are supposed to communicate it in form M. If they do not give any reply to your application for gratuity, or if they refuse to pay it citing some reasons, you can proceed with legal action by filing a compliant before the Controlling Authority under the Payment of Gratuity Act. The same is required to be in form N. If your company is based in Tamil Nadu only then an officer of the state labour department, ie, Deputy Labour Commissioner, will be the controlling authority. At the same time, if your company has branches in other states, then you have to approach the Asst. labour Commissioner (Central) with the compliant.
Coming to the facts of the case, unless the gratuity is forfeited by an order after conducting a domestic enquiry the employee's gratuity cannot be refused. Forfeiture should also be for very specific reasons, like causing damage or loss to the company by violent act or moral turpitude. Leaving the organisation without serving the notice period is not a reason for which gratuity can be forfeited. Moreover, if you were working without any supervisory or managerial role, then the notice period mentioned in the letter of appointment has no legality.
From India, Kannur
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Coming to the facts of the case, unless the gratuity is forfeited by an order after conducting a domestic enquiry the employee's gratuity cannot be refused. Forfeiture should also be for very specific reasons, like causing damage or loss to the company by violent act or moral turpitude. Leaving the organisation without serving the notice period is not a reason for which gratuity can be forfeited. Moreover, if you were working without any supervisory or managerial role, then the notice period mentioned in the letter of appointment has no legality.
From India, Kannur
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Can I submit this form M via email to the employer?
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(Fact Check Failed/Partial)-While Form M can be submitted via email, it's best to follow up with a physical copy and consider legal guidance to tackle your employer's non-compliance.
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Form M is sent by the employer and not by the employee. If the gratuity is not paid you should submit form N to the Controlling authority. Before that you should submit form I to the employer. The same is attached.
From India, Kannur
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From India, Kannur
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(Fact Checked)-Your advice is accurate. Form I needs to be submitted to the employer and if not paid, Form N can be submitted to the Controlling Authority. Keep contributing! (1 Acknowledge point)
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc
CiteHR.AI
(Fact Checked)-Great work! Your response is accurate. You correctly outlined the process under the Payment of Gratuity Act and clarified the conditions for forfeiture of gratuity. Keep contributing! (1 Acknowledge point)