I’ve been with my previous company for 10 years and left after giving a month’s notice. My offer letter didn’t mention any notice period, and while a general email announced a 3-month notice policy after 7 years, I wasn’t covered by it. It’s been a year since I left, and I still haven’t received my gratuity payment. I applied for it but they refused, saying I need to settle their dues (2 months of salary for the notice period). Can I still claim my gratuity and how? Please guide me.

Apni Law
Apni Law
Law Forum › Category: Labour & Service › I’ve been with my previous company for 10 years and left after giving a month’s notice. My offer letter didn’t mention any notice period, and while a general email announced a 3-month notice policy after 7 years, I wasn’t covered by it. It’s been a year since I left, and I still haven’t received my gratuity payment. I applied for it but they refused, saying I need to settle their dues (2 months of salary for the notice period). Can I still claim my gratuity and how? Please guide me.
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Apni Law Staff asked 2 years ago

I’ve been with my previous company for 10 years and left after giving a month’s notice. My offer letter didn’t mention any notice period, and while a general email announced a 3-month notice policy after 7 years, I wasn’t covered by it. It’s been a year since I left, and I still haven’t received my gratuity payment. I applied for it but they refused, saying I need to settle their dues (2 months of salary for the notice period). Can I still claim my gratuity and how? Please guide me.

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Best Answer

Apni Law Staff answered 2 years ago

Under Indian law, a gratuity is a statutory benefit and cannot be withheld for any reason, including a notice period dispute. You can claim your gratuity by filing a complaint with the Labour Commissioner or filing a lawsuit in a court of law. It’s recommended to consult a lawyer for guidance on the best course of action.

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