E003💼 Employment & JobReply draft
Gratuity not paid after 5 years of service
What you need to know
Employee completing 5 years of continuous service is entitled to gratuity under Payment of Gratuity Act. Must be paid within 30 days of leaving. Delay attracts interest.
Your rights
1
Gratuity after 5 years of continuous service
2
Payment within 30 days of leaving
3
Interest on delayed gratuity
4
Complaint with Controlling Authority under Gratuity Act
What you should do now
Action first1
Submit formal gratuity application to employer
- Submit Form I (gratuity claim) in writing to HR
- Attach service proof and last drawn salary slip
- Employer must pay within 30 days — if not, interest automatically applies
2
If not paid after 30 days
- File application before Controlling Authority under Payment of Gratuity Act
- They can order payment with interest
Acts applicable
Payment of Gratuity Act 1972
centralSection 4 — Payment of gratuity
Where to complain
Consumer complaint portal: e-jagriti.gov.in (replaced edaakhil.nic.in as of Jan 2025). Labour complaints: col.gujarat.gov.in. All links verified June 2026 via web search against official government sources.