Gratuity: How long can you withdraw gratuity money after leaving the job, does the fund lapse after time passes?
The benefit of gratuity is given to all government and private sector employees, who work in an employer or company for a fixed period of time. Now the question is that if you leave the company or resign, then within how many days do you get gratuity, and till when you can apply for it. Can the employer also refuse to pay if there is a delay?
Highlights
- It will be necessary to pay the amount of gratuity within 30 days of leaving the job or resigning.
- If you are unable to apply yourself, then whoever has been authorized in your place will apply.
- Even after 30 days, the application for gratuity is given, even then the company cannot reject it.
New Delhi. Under the Gratuity Act, be it government or private, everyone gets the benefit of working in the same employer or company up to the prescribed limit. If an employee works with an employer continuously for 5 years, then he is paid the amount under the fixed formula of gratuity. Gratuity is definitely paid whether you are retired or giving a resignation.
Now the question arises how many days after leaving the job or resigning, you can claim gratuity. Can your employer refuse to pay if you claim after the passage of time? What is the process of claiming it and in how many days your money comes into the account? Talking to the experts about this, much useful information has come to the fore.
Till when to apply
Investment advisor Sweety Manoj Jain says that according to the Gratuity Act 1972, any employer will be required to pay the amount of gratuity within 30 days of the employee leaving or resigning. It is obvious that the employee is also required to apply within the stipulated period of 30 days. If you cannot apply yourself, then whoever has authorized your place can apply for gratuity within these 30 days.
If applied after 30 days then…
Although the period for giving an application for a gratuity is fixed at 30 days, if an employee gives an application for a gratuity even after this, the company cannot reject it. However, there are no fixed criteria about how many days after leaving the job or resigning, you can apply, but the company can never reject your application saying that the application has come after the deadline.
What is the process for claiming gratuity?
– Within 30 days of leaving the job or resigning, the employee will have to fill out Form ‘I’.
If the employee has appointed or authorized someone else as his nominee, then he will have to fill out Form ‘J’ and give it to the employer.
Within 15 days of receiving the application, your employer will reply to it.
– If the application is correct under the rules and your gratuity is made, then the employer will fill in the details of the entire amount in Form ‘L’.
-The employer will also tell you a fixed date, within which you will be paid gratuity. This time limit should be within 30 days of your application.
