How to File a Gratuity Complaint on Samadhan Portal 2025: A Step-by-Step Guide
Gratuity is a statutory benefit under the Payment of Gratuity Act, 1972, that employees are entitled to after completing at least five years of continuous service in an organization. However, there are cases where employers may refuse to pay gratuity, leaving employees to seek legal remedies. The Samadhan Portal by the Ministry of Labour and Employment provides an efficient way for employees to file grievances, including non-payment of gratuity.
Table of Contents
This guide explains how to file a complaint through the Samadhan Portal, the documents needed, the complaint procedure, what happens after filing the complaint, and the timelines involved.
Gratuity complaint: What is the Samadhan Portal?
The Samadhan Portal is an online grievance redressal system developed by the Ministry of Labour and Employment. It allows employees to file complaints related to labor laws, including the non-payment of gratuity. It aims to provide a fast and transparent mechanism for resolving disputes.
For further insights on Gratuity, check out this guide on gratuity benefits.
Gratuity complaint: When Can You File a Complaint?
You can file a complaint on the Samadhan Portal if:
- Your employer has refused to pay gratuity after your resignation, retirement, or termination.
- The employer has delayed the payment beyond the statutory limit of 30 days from the due date.
- There is a dispute regarding the gratuity amount.
The complaint must be filed within 90 days of the gratuity becoming due. However, in some cases, the controlling authority may condone the delay if valid reasons are provided.
Gratuity complaint: Documents Required for Filing a Complaint
To file a complaint on the Samadhan Portal, ensure you have the following documents ready:
- Employment Proof:
- Appointment letter
- Employment contract
- Salary slips
Alternate Employment Proofs: If you do not have the above documents, you can use the following as employment proof:
- EPF Contribution Details: A record of contributions to the Employees’ Provident Fund (EPF).
- ESIC Contribution Details: Proof of contributions under the Employees’ State Insurance Corporation (ESIC).
- Bank Statements: Showing salary credits from the employer.
- Form 16 or Income Tax Returns (ITR): Reflecting income from the employer.
- Gratuity Details:
- Calculation sheet of gratuity (if provided by the employer).
- Non-Payment Proof:
- Written communication with the employer regarding gratuity payment (emails, letters, etc.).
- Resignation or Retirement Letter:
- Proof of exit from the organization.
- Identity Proof:
- Aadhaar card
- PAN card
- Bank Account Details:
- For receiving gratuity payment (if applicable).
- Other Supporting Documents:
- Any legal notices sent to the employer.
Gratuity complaint: Steps to File a Complaint on the Samadhan Portal
Follow these steps to file a gratuity-related complaint:
Step 1: Visit the Samadhan Portal
Go to the official website: https://samadhan.labour.gov.in/.
Step 2: Register/Login
- New Users: Click on the “Register” option and create an account by providing basic details such as name, email ID, and mobile number.
- Existing Users: Log in using your credentials.
Step 3: File a Complaint
- Navigate to the “File Complaint” section.
- Choose the “Gratuity Payment” category from the dropdown menu.
- Fill out the complaint form:
- Personal details (name, address, contact number, etc.).
- Employer’s details (organization name, address, contact details).
- Gratuity details (last drawn salary, years of service, etc.).
- Brief description of the grievance.
- Upload the required documents (mentioned above).
Step 4: Submit the Complaint
After filling out all necessary details and uploading documents, review the information and submit your complaint. You will receive an acknowledgment number for tracking purposes.
Gratuity complaint: What Happens After Filing the Complaint?
1. Acknowledgment
Once the complaint is submitted, you will receive an acknowledgment via email or SMS with a reference number. Use this number to track the status of your complaint on the portal.
2. Preliminary Examination
The complaint is assigned to the Controlling Authority under the Payment of Gratuity Act. They will:
- Verify the validity of the complaint.
- Examine the submitted documents.
3. Notice to Employer
The controlling authority will issue a notice to the employer, asking them to respond to the complaint within a specified time frame.
4. Hearing Process
If required, a hearing will be scheduled where both parties (employee and employer) can present their case. The controlling authority may:
- Seek additional documents.
- Mediate between the parties to reach a resolution.
5. Final Order
After examining the evidence and arguments, the controlling authority will pass an order. If the complaint is found to be valid, the employer will be directed to pay the gratuity, along with any applicable interest, within a specified time frame.
6. Appeal (If Necessary)
If the employer fails to comply or either party is dissatisfied with the order, an appeal can be filed with the appellate authority under the Act.
Gratuity complaint: Time Limits for Filing and Resolution
Filing a Complaint
- Complaints must be filed within 90 days from the date gratuity becomes due.
- Delayed complaints may still be considered if valid reasons for the delay are provided.
Redressal Timeline
- The Samadhan Portal aims to resolve complaints within 90 days from the date of filing. However, complex cases may take longer.
Gratuity complaint: Advantages of Using the Samadhan Portal
- Convenience: File complaints from anywhere without visiting labor offices.
- Transparency: Track your complaint status online.
- Efficiency: The streamlined process ensures quicker resolution compared to traditional methods.
- Cost-Effective: No fees or legal expenses are required for filing complaints.
Gratuity complaint: What If the Employer Refuses to Comply?
If the employer fails to pay the gratuity despite the controlling authority’s order, the following actions can be taken:
- The controlling authority can initiate recovery proceedings against the employer.
- Legal notices may be served to the employer.
- The case can be escalated to a labor court or tribunal for further action.
Gratuity complaint: Frequently Asked Questions (FAQs)
1. Is there a fee for filing a Gratuity complaint on the Samadhan Portal?
No, filing a complaint on the Samadhan Portal is completely free.
2. What if I don’t have all the required documents?
Submit the documents you have and provide an explanation for missing documents. The controlling authority may request additional information if needed.
3. Can I file a complaint anonymously?
No, you must provide your personal details to file a complaint as it involves legal proceedings.
4. How can I track my complaint status?
Use the acknowledgment number provided during submission to track your complaint status on the portal.
5. What if my employer is located in a different state?
The complaint will be directed to the controlling authority in the state where the employer’s establishment is registered.
The Samadhan Portal simplifies the process of seeking justice in labor disputes. By following the steps outlined above, employees can effectively file complaints and ensure their rights are protected.