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Delayed Payment Of Gratuity: What Does The Law Say? - Career - Nairaland

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Delayed Payment Of Gratuity: What Does The Law Say? by lonelydora: 12:29pm On Jan 04, 2018
My former company (names withheld for now) has refused to pay my gratuity close to 4 months now. I voluntarily resigned and wasn't sacked or my appointment terminated.

Yes! I am entitled to payoff according to the company's policy of working for more than 5 years. The HR manager mailed me last year on the amount i should be expecting but didn't state when, even though he orally said i should be able to get it within 1 month of my exit. I have contacted the CEO, HRM and the Finance department through calls, sms, and mails, (because i urgently need the money for my tuition fees abroad) but they have all gone unanswered.

The company did not also remit my deducted pensions to my PFA for more than 2 years, which i told them too.

I am writing this now to seek a public opinion first, before doing a rejoinder in my next post with full details of company names and names of people involved with evidences of mails/sms and their correspondence.

Please lawyers and Labour Leaders in the house, what does the law say about delayed payment of Gratuity?


What steps should i take? I need help.
Re: Delayed Payment Of Gratuity: What Does The Law Say? by lonelydora: 3:49pm On Jan 04, 2018
1forall, biko help a soul and push to FP.
Re: Delayed Payment Of Gratuity: What Does The Law Say? by Goddys(m): 4:05pm On Jan 04, 2018
lonelydora:
1forall, biko help a soul and push to FP.
You want to seek a free legal advice? Try harder.
I'm not in the league of lawyers that do that..

5 Likes

Re: Delayed Payment Of Gratuity: What Does The Law Say? by lonelydora: 10:50pm On Jan 04, 2018
I want to seek public opinion first.

1 Like 1 Share

Re: Delayed Payment Of Gratuity: What Does The Law Say? by lonelydora: 10:45pm On Jan 05, 2018
88 views ooo

2 Likes 1 Share

Re: Delayed Payment Of Gratuity: What Does The Law Say? by Mintayo(m): 11:54pm On Jan 05, 2018

1 Like

Re: Delayed Payment Of Gratuity: What Does The Law Say? by lonelydora: 8:02am On Jan 06, 2018

1 Like

Re: Delayed Payment Of Gratuity: What Does The Law Say? by lonelydora: 7:12pm On Jan 07, 2018
Lalasticlala...have mercy biko....my solution might be on front page.
Re: Delayed Payment Of Gratuity: What Does The Law Say? by jeeqaa7(m): 8:51pm On Jan 07, 2018
U
Re: Delayed Payment Of Gratuity: What Does The Law Say? by Heywhizzy(m): 8:51pm On Jan 07, 2018
Google is your friend brother

1 Like

Re: Delayed Payment Of Gratuity: What Does The Law Say? by AishaBuhari: 8:52pm On Jan 07, 2018
Involve the law. Take them to court

1 Like

Re: Delayed Payment Of Gratuity: What Does The Law Say? by Harrynight(m): 8:53pm On Jan 07, 2018
Dedicate this space to Our Controversial NwaAmaikpe and wish him a quick return from Exile

3 Likes

Re: Delayed Payment Of Gratuity: What Does The Law Say? by Ndkings1(m): 8:53pm On Jan 07, 2018
I think we had a similar case here last year.... We advised the guy to contact PENCOM and lay out his complaints to them, they intervened and he got paid.
Give it a trial

11 Likes 4 Shares

Re: Delayed Payment Of Gratuity: What Does The Law Say? by Mrflyguy: 8:54pm On Jan 07, 2018
I think you should visit the company in person first . if they refused to attend to you the meet a lawyer to write them .
Re: Delayed Payment Of Gratuity: What Does The Law Say? by Nobody: 8:55pm On Jan 07, 2018
smiley
Re: Delayed Payment Of Gratuity: What Does The Law Say? by arherfish(m): 8:56pm On Jan 07, 2018
Get a lawyer involved to get to know why your employer are delaying your entitlement and you can also get PENCOM involved. I wish u the best.

1 Like

Re: Delayed Payment Of Gratuity: What Does The Law Say? by honestivo(m): 9:01pm On Jan 07, 2018
Goddys:
You want to seek a free legal advice? Try harder.
I'm not in the league of lawyers that do that..

Can't you just help with just an advise

2 Likes 1 Share

Re: Delayed Payment Of Gratuity: What Does The Law Say? by AishaBuhari: 9:06pm On Jan 07, 2018
arherfish:
Get a lawyer involved to get to know why your employer are delaying your entitlement and you can also get PENCOM involved. I wish u the best.
Can PENCOM also sue the government for nonpayment of salaries please?
Re: Delayed Payment Of Gratuity: What Does The Law Say? by ghettowriter(m): 9:41pm On Jan 07, 2018
Go there in person first...if you were not paid or given the exact date to be paid, then walk into a law firm and they'll take it up from there.
Re: Delayed Payment Of Gratuity: What Does The Law Say? by arherfish(m): 9:48pm On Jan 07, 2018
AishaBuhari:

Can PENCOM also sue the government for nonpayment of salaries please?
I'm sorry, Pencom does not concerned itself about salaries but it can help you get all your pensions arrears if your employer owe you any.

1 Like

Re: Delayed Payment Of Gratuity: What Does The Law Say? by WeRblessed(f): 9:54pm On Jan 07, 2018
lonelydora:
My former company (names withheld for now) has refused to pay my gratuity close to 4 months now. I voluntarily resigned and wasn't sacked or my appointment terminated.

Yes! I am entitled to payoff according to the company's policy of working for more than 5 years. The HR manager mailed me last year on the amount i should be expecting but didn't state when, even though he orally said i should be able to get it within 1 month of my exit. I have contacted the CEO, HRM and the Finance department through calls, sms, and mails, (because i urgently need the money for my tuition fees abroad) but they have all gone unanswered.

The company did not also remit my deducted pensions to my PFA for more than 2 years, which i told them too.

I am writing this now to seek a public opinion first, before doing a rejoinder in my next post with full details of company names and names of people involved with evidences of mails/sms and their correspondence.

Please lawyers and Labour Leaders in the house, what does the law say about delayed payment of Gratuity?

I
What steps should i take? I need help.

Welcome to Nigeria; a land where honesty and integrity are not found.

Mail is communication through a written letter.
Email is communication through the internet ( computer).

Get an attorney and Sue them. But make sure you know the company's policy regarding pay offs when you volunterily resign.

Please when you get that money open a business and create jobs. Do not go to any more schools whether in abroad or home. You are not getting any younger. So many educated jobless people in both home and abroad. You're welcome!

7 Likes 1 Share

Re: Delayed Payment Of Gratuity: What Does The Law Say? by lonelydora: 10:08pm On Jan 07, 2018
Ndkings1:
I think we had a similar case here last year.... We advised the guy to contact PENCOM and lay out his complaints to them, they intervened and he got paid.
Give it a trial

How do i contact PENCOM? Their South South office is in Calabar. I have written mails to them, waiting for their reply
Re: Delayed Payment Of Gratuity: What Does The Law Say? by aviationguy: 10:19pm On Jan 07, 2018
it's illegal to deduct from employee salary and not remit into pension fund account contact PENCOM immediately ,get all your payslips for all the years not remitted to back up your claims and it's will be paid immediately.

The said company may not willingly wants to pay you if they know your resignation affected them or you are working with their competitors within the same business models.

Get a competent lawyer to write them if no favourable response after some time sue them to industrial court,they will pay you and still pay compensation and damages afterwards.

But mind your words online so that they won't see that as a defamation of character as an excuse to fight back at you.

But I can assured you have got a good case if your working time with the company you don't have bad records or any shady deals.

take care cheers

3 Likes 1 Share

Re: Delayed Payment Of Gratuity: What Does The Law Say? by Vainglory: 11:10pm On Jan 07, 2018
Four months? I know for sure that teachers who retired from Delta State Civil Service since 2014 have not been paid their gratuity and are not receiving their pension up till today. My brother it is dog eat dog in Nigeria. Take heart.
Re: Delayed Payment Of Gratuity: What Does The Law Say? by HSfoundation(m): 11:39pm On Jan 07, 2018
Goddys:
You want to seek a free legal advice? Try harder.
I'm not in the league of lawyers that do that..

But you can call a doctor friend over the phone? Issokay

1 Like

Re: Delayed Payment Of Gratuity: What Does The Law Say? by Skhibanj1015(m): 12:09am On Jan 08, 2018
What and who do you think you are? You are a mere vanity!

1 Like

Re: Delayed Payment Of Gratuity: What Does The Law Say? by redsun(m): 2:14am On Jan 08, 2018
There are no laws in nigeria, it is rogue state. The crooked laws are only work for the corrupt rich that have stolen or rather looted monies to buy their way.
Re: Delayed Payment Of Gratuity: What Does The Law Say? by lonelydora: 5:28am On Jan 08, 2018
Goddys:
You want to seek a free legal advice? Try harder.
I'm not in the league of lawyers that do that..

If you are a lawyer you are on your way to hitting big money when i do a rejoinder by 15th of this month, if they still do not pay me. I am setting up my legal team for now. I have 6 sound lawyers already. Wanna join them? PM pls.
Re: Delayed Payment Of Gratuity: What Does The Law Say? by lonelydora: 5:36am On Jan 08, 2018
aviationguy:
it's illegal to deduct from employee salary and not remit into pension fund account contact PENCOM immediately ,get all your payslips for all the years not remitted to back up your claims and it's will be paid immediately.

The said company may not willingly wants to pay you if they know your resignation affected them or you are working with their competitors within the same business models.

Get a competent lawyer to write them if no favourable response after some time sue them to industrial court,they will pay you and still pay compensation and damages afterwards.

But mind your words online so that they won't see that as a defamation of character as an excuse to fight back at you.

But I can assured you have got a good case if your working time the company you don't have bad records or any shady deals.

take care cheers


The said company may not willingly wants to pay you if they know your resignation affected them or you are working with their competitors within the same business models.

I am going to school abroad.


Get a competent lawyer to write them if no favourable response after some time sue them to industrial court,they will pay you and still pay compensation and damages afterwards.

The damages part is what I'm looking for, because they will make me lose my admission/part payment i already made to the school.


But mind your words online so that they won't see that as a defamation of character as an excuse to fight back at you.

I am aware of this already. I will state the obvious, as it happened. I will post all sms/emails correspondence.

But I can assured you have got a good case if your working time the company you don't have bad records or any shady deals.

I have a clean record during my stay. Even the HR confirmed that.
Re: Delayed Payment Of Gratuity: What Does The Law Say? by gr8tone: 7:02am On Jan 08, 2018
Your own story better. My colleague retired as FCT UBEB staff since 2015 and uptill now and tomorrow, he has not received even a dine. I am also interested in this topic. Make i find place sit down.
Re: Delayed Payment Of Gratuity: What Does The Law Say? by lonelydora: 7:38am On Jan 08, 2018
Mrflyguy:
I think you should visit the company in person first . if they refused to attend to you the meet a lawyer to write them .

This will be a suicide mission. A company that doesn't take my calls or reply my sms/emails again. The HRM is denying some of the things he told me. Unknown to him that i have the records.
Re: Delayed Payment Of Gratuity: What Does The Law Say? by temmyzeez1: 7:40am On Jan 08, 2018
pls its simple, take a legal move because its your entitlement

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