Vinay_leadingasunder
Hi All,

I worked in Market research company over a period of 6.6 yrs. Recently, I have resigned due to personal reason. I joined this company on 10th Oct 2005 and Last working day was 1st May 2012. Till now, i have not got any updates from my HR saying that the your gratuity amount is amounted to so and so. They said that this is the first time they are processing the gratuity and its taking more time. Also, is there a need to open a new corporate a/c for gratuity eligible employees? and did signed up few other gratuity entitled employees as assurance to open an account.

Even, more on this point - recently, they changed the salary slip structure which was altered due to gratuity payment which they said its going over a lakh ... which i don't think so. For ex. last 6 months basic salary has been brought down to Rs.8580 than previous Rs.14900. Now, the gratuity will vary.

I looked into your forms and submitted Form (F) and (I)which as an employee should file this to company. Its almost two months i submitted these forms.

And with in next month mid week my HR will be leaving the company. Could any one please guide me what as an employer should do to process gratuity and as employee i have to submit?????????

What is dragging so much to make the gratuity payment delayed....???????????? let me know what will be my Gratuity amount??????????

Regards,

Vinay Gowda

From India, Bangalore
saiconsult
1898

Mr.Vnay
In terms of teh Gratuity Act, the employer has to pay gartuity within 30 days of the gratuity becoming payable and thereforeyou can inform HR quoting the gratuity Act to expedite your claim and you will be eligible for interest on delayed payment also.
B.Saikumar
Mumbai

From India, Mumbai
essykkr
87

It will not only vary but almost shall be half of the amount which you were suppose to get if your last basic salary would have been same. For this purpose i suggest you, you can file an application before the Appropriate Authority under the Act, with both salary slips, and can prove the ill intention of the Employer to this effect.
rest already replied by Saikumar.
regards


saswatabanerjee
2383

Gratuity you are eligible for will be 15 days salary for every completed year f service computed at last salary draws. Per day salary rate for 15 days salary is computed by dividing monthly salary by 26 ( you do the Maths now - according to me, it's rs. 51600)

They will have to go by the last salary slip you have with you. They can not, at this time, change the salary structure with retrospective effect.

The amount is payable with 30 days of your submitting of form j

I hope you kept an asknowlwdgement.

You need to speak directly with the owners now and not to hr since hr has done nothing. Tell them you have worked sincerely for 7 years and left on good terms and that you are very disappointed with what hr is doing on gratuity. Tell them it is unfair of them to change basic with retrospective effect and actually illegal. You may also tell them that you are being advised to complain to labour officer but you do not wish to do that as you have had a good relation with the company and do not want to spoil that.

If speaking to the owners does not improve things, then you may have no option but to go to a labour officer or take the help of a labour lawyer

From India, Mumbai
ravi761220
your gratuity elegible for 6 yeas Exp Curent Basic * 15 Day *Number of Years / 26 14900*15*6/26 =Rs.51577/- Final Amount Thanks & Regards Harendra Kumar SR HR Officer Noida (UP)
From India, New Delhi
saiconsult
1898

Central Government notifies the interest rate. I don't have it. I understand the the prevailing rate is 15%. You can verify it from Gazette or from any labour publications.
B.Saikumar
HR & Labour Law advisor
mumbai

From India, Mumbai
Plbagga
We are a partnership co. Other partners are retiring. There is a change in constitution of the co. I intend to pay gratuity to my workers, can I pay them Gratuity till the day this partnership is effective and keep the workers in continued employment in the co. for future? Do I have to give them a break in service from the date this partnership is reconstituted.
From India, Mumbai
Vasant Nair
90

Dear Vinay,
Your Company does not need to set up an R & D Department to calculate your Gratuity. Several of our friends have already answered your query.
It is matter of very simple calculation and can be done in minutes.
Best Wishes,
Vasant Nair

From India, Mumbai
Vinay_leadingasunder
Thanks for the calculated amount and your advises..
Saswata - I gave them the form (f) and (I) also asked to check with my basic pay and calculate the final amount and asked her to give me an acknowledgement. HR says- she is not aware of these forms and other processing things, i will get back to you in next month end... She is there in my x-company for more than 3 years..and she so negligence in processing employees request and responding to emails.
I have addressed the future consequences to them in an email and waiting for the reply from top management. I hope they do understand 7 years of rapo with them.
Thanks again.. I will be in touch with you all,, once its been processed.
- Vinay Gowda

From India, Bangalore
saswatabanerjee
2383

Vinay
Since she claims not to know about the forms perhaps you should mail her relevant sections of the act. I think your employer will not disregard 7 years of relatiObship for 50k. Suggest u make it easier by giving detailed working and summary of the sections in support. I mean sections in support of computation.

From India, Mumbai
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