My employer in Rohini did not pay gratuity after 12 years of service, how do I claim it under state labour law?

Detailed Legal Analysis

You can claim your gratuity under the Payment of Gratuity Act, 1972, which mandates the payment of gratuity to employees after they have completed a minimum of five years of continuous service.

Here are the steps you should follow to claim your gratuity in Rohini:

• Eligibility Criteria: Ensure you meet the eligibility criteria under the Payment of Gratuity Act, 1972, which includes:
  • Completion of five years of continuous service with the employer.
  • Gratuity is applicable to employees in factories, mines, and establishments with 10 or more employees.
• Calculate Gratuity Amount: The formula for calculating gratuity is:
  • Gratuity = (Last drawn salary × 15/26) × Number of years of service

  Where the last drawn salary includes basic pay, dearness allowance, and any other applicable allowances.

• File a Formal Application: Prepare a formal application for gratuity payment addressed to your employer, including:
  • Your details (name, designation, date of joining, and date of leaving).
  • Details of the gratuity amount being claimed.
  • Request for payment within the stipulated time period as per the Act.
• Submit the Application: Submit the application to the employer and retain a copy for your records. Ensure you do this within 30 days of leaving the job.
• Follow Up: If there is no response or denial from your employer, you can:
  • Send a reminder letter.
  • File a complaint with the Labour Commissioner in your area.
• Approach Appropriate Authorities: If the issue remains unresolved, you can approach:
  • The Controlling Authority under the Payment of Gratuity Act, as specified in Section 4 of the Act.
  • The Labour Court for adjudication of your claim.

Remember that under Section 7 of the Payment of Gratuity Act, the employer is required to pay gratuity within 30 days of it becoming payable. If they fail to do so, they may face penalties as per Section 9 of the Act. It is advisable to maintain all documentation related to your employment and gratuity claim for reference.