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I m working in a Pvt. Ltd company since last 9 years. Company have approx 10-15 employees. I m the most senior employee of company after directors. Company has no policy for gratuity till yet. So can i ask for gratuity. n If they don\'t become agree then what method , i have to adopt?
Dear Partha parida
Since your establishment employs ten to fifteen employees, it stands covered by the Gratuity Act 1972 and since you have completed 9 years of service you are eligible for gartuity in terms of Sec.4 which entitles every employee who puts in five years of contnuous service to gratuity. If they refuse to pay you gratuity , you can make an application to the Controlling Authority who is normally the asst.Commissione r of Labour (State) for directing the employer to pay him gratuity. However, please note that an employer can forfeit gratuity for any financial loss on account of any misconduct on the part of the employee or for disorderly or for an act of moral turpitude under Sec.496) of teh Act.
B.Saikumar
HR & labour Law Consultant
Chipinbiz Consultancy Pvt.ltd
Mumbai
Mob: 09930532927

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