Dear Friends,
Employee has resigned after working for more than 7 years.
Employee signed the full and final settlement letter stating he has no dues pending from company.
Full and final settlement letter does not mention anything about gratuity.
Now, after 3 months, Employee has submitted a letter claiming for gratuity.
Is employer liable to pay gratuity to employee?
From India, Mumbai
Employee has resigned after working for more than 7 years.
Employee signed the full and final settlement letter stating he has no dues pending from company.
Full and final settlement letter does not mention anything about gratuity.
Now, after 3 months, Employee has submitted a letter claiming for gratuity.
Is employer liable to pay gratuity to employee?
From India, Mumbai
Dear Mr. Rahul,
Employer is liable to pay gratuity to the employee even after full & final payment. Gratuity Act/Rules states how gratuity should be payable to the employee. You can go through Payment of Gratuity (Central) Rules, 1972 or your state rules related to Gratuity Act (if formed) which clearly mention- how employee should claim gratuity through prescribed format, how employer should pay gratuity. Mere by signing that he/she received all payment does not effect his/her right to claim gratuity.
From India, Lucknow
25Employer is liable to pay gratuity to the employee even after full & final payment. Gratuity Act/Rules states how gratuity should be payable to the employee. You can go through Payment of Gratuity (Central) Rules, 1972 or your state rules related to Gratuity Act (if formed) which clearly mention- how employee should claim gratuity through prescribed format, how employer should pay gratuity. Mere by signing that he/she received all payment does not effect his/her right to claim gratuity.
From India, Lucknow
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Gratuity form I claim.pdf
FW Full and final settlement of all my dues including salary leave encashment Gratuity PF .zip