Employee not received gratuity


Employee is eligible for gratuity. Currently has resigned, employer is not giving the gratuity . What are the employee’s options?

Please suggest.


Hi @Sandeep_G

Gratuity is an amendment and companies should oblige for the same.

As an employee you may take a legal action - if you’re found eligible but denied by employer. (to check the Gratuity eligibility - https://www.greythr.com/wiki/acts/payment-of-gratuity-act1972/)

You may check with your employer again - the reason for which its being denied.


Employee gratuity can be forfeited by employer due to riotous or disorderly conduct or any offence involved in moral turpitude.
If the employee has resigned on normal grounds, employee should receive gratuity within 30 days of his las date of service. However, many times it might be delayed due to slow process in the finance department.
IF employer denies to pay gratuity, employee has to make a complaint to the concerned AL/DCL/JCL and fight his own battle.


When can employee claim gratuity?

An employee is eligible for it if he/she completes 5 years of continuous service with the employer. 4 years and 240 days onwards is considered as 5 years for gratuity payment. It is given either at the time of resignation or retirement or superannuation or death or disablement.

What are the conditions in which my employer can deny gratuity ?

The employer can deny gratuity -

• If the services of the employee are terminated due to unlawful activities like riot or violence.

• If the services of the employee are terminated due to morally wrong acts done by him during the course of employment.

Gratuity should be given to the employee within 30 days of fulfilling the conditions