Claiming Gratuity after 2 years of Leaving the Company

Hello, I left the organization in 2016 after completing 5 years in the company, but I did not claim for gratuity. Now in 2018, can I claim for it? The reason for not claiming was that it was a private mid-sized company which had no benefits apart from the monthly salary. Besides, nowhere in the joining letter had mentioned about the retirement benefits like gratuity. Throughout my entire tenure there, I did not see anyone claiming for gratuity, so I assumed that this company does not pay gratuity.

So my query is, can I claim for it now? And what if the company denies?

You can claim it provided the Payment of Gratuity Act is applicable to your establishment. If your establishment was a factory, mine, or plantation, the Act would be applicable without reference to the number of employees working there. However, if it was a commercial establishment not falling under factories, mines, or plantations, then there should be at least 10 employees for the Act to apply.

Certainly! Here is the corrected version of the user's input:

"Yes, sir, there are more than 60 employees in the company."

Yes, sir, there are more than 60 employees in the company, and it is a private limited company.

If there are 60 employees, you can send a request for gratuity. Under the Gratuity Act, it is the responsibility of the employer to pay gratuity to the eligible person, even if the employee who has left has not asked or demanded it. If required, please send a request in the prescribed form, Form I, which is attached.

My brother was also working in a company for 3.5 years. The company had shown gratuity in CTC and was deducting it from the salary. However, after leaving the company, the company has not paid the gratuity, but I received the full and final settlement. Should I claim the gratuity that was shown in the CTC?

Anonymous,

If you had worked for 3.5 years, you are not entitled to gratuity. If the employer was deducting from your salary for gratuity, it is irregular, and you can write to the company and ask them to refund unauthorized deductions.