Hello,
I was working in a partnership firm from last 9years and 10 months. My employer was entering my salary as basic+hra+cca+ta in the salary sheet. I claimed gratuity on my total gross salary but he is counting on basic salary only. Pls tell if my claim is correct or not. Another thing is that our duty time is more than 9 hours and our employers never paid any overtime to any one. I have heard that an employee can claim at least his last 3 year\'s overtime. Pls tell if it is correct.
From India, Mumbai
I was working in a partnership firm from last 9years and 10 months. My employer was entering my salary as basic+hra+cca+ta in the salary sheet. I claimed gratuity on my total gross salary but he is counting on basic salary only. Pls tell if my claim is correct or not. Another thing is that our duty time is more than 9 hours and our employers never paid any overtime to any one. I have heard that an employee can claim at least his last 3 year\'s overtime. Pls tell if it is correct.
From India, Mumbai
The gratuity amount is claimed on basic salary only. You will get 75 days of salary.
About the overtime no information about whatever you are saying
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From India, Mumbai
86About the overtime no information about whatever you are saying
New Blog on health - Health Beauty Fitness
From India, Mumbai
Gratuity, as deepa said, is on basic, so you can not claim it on gross.
So there you have no ground for action.
About overtime, the rules is that you can file a claim before the labour officer or in the labour court for amounts due but not paid.
Since the labour laws require the employer to keep records for 3 years and not beyond, there is no supporting document available in the records (unless you are lucky). That is where the concept of 3 years claims came from. In addition, the statute of limitation is also for 3 years, so you can to claim something if you have not made the claim for the last 3 years.
However, on what grounds will you make a claim for overtime ?
Is there any records (authenticated) based on which claims will be made ?
how will you substantiate the claim in the court.
remember that if the employer shows you were not doing overtime, you will be required to pay cost of the employers lawyers.
Also, do you have the time to fight out a case in the court ?
From India, Mumbai
So there you have no ground for action.
About overtime, the rules is that you can file a claim before the labour officer or in the labour court for amounts due but not paid.
Since the labour laws require the employer to keep records for 3 years and not beyond, there is no supporting document available in the records (unless you are lucky). That is where the concept of 3 years claims came from. In addition, the statute of limitation is also for 3 years, so you can to claim something if you have not made the claim for the last 3 years.
However, on what grounds will you make a claim for overtime ?
Is there any records (authenticated) based on which claims will be made ?
how will you substantiate the claim in the court.
remember that if the employer shows you were not doing overtime, you will be required to pay cost of the employers lawyers.
Also, do you have the time to fight out a case in the court ?
From India, Mumbai
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Gratuity form I claim.pdf