R.N.Khola
Labour Laws & Ir
Riteshmaity
Labour Law Advocate
Reetugour
Executive - Hr/admin
Vgopisrikanth
Asst. Manager
+6 Others

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network

I was working for a pvt. sector where gratuity is paid as per the Gratuity Act, i.e. 15 days salary per year of service irrespective of the number of years of service.now my company not pay my gratuity
if company doesn\'t pay gratuity
What action I put and how.
Kindly suggest.
Regards,
Sanjay

Dear Sanjay,
Don't Worry Sanjay, If Your Employer will not pay Gratuity then Request for Gratuity in Form No.1 within 30 days after leaving the service (completion of 5 years).
thanks/regards,
Amit Kumar


Attached Files
File Type: doc gr.doc (27.0 KB, 1416 views)

Dear Mr. Amit,
In continuation to the above subject, please let me know is there any option to get my gratuity from my past company. I served for 4 years 11months and they terminated me without any strong resons. the reasons sited were so pathetic that i cannot explain. There were no statements saying that i will be paid gratuity. after i left the company when tried to ask for gratuity they told that due to your termination you are not eligible for gratuity and also do not try again like. Now it is 1 year 5months past is it possible to get my grtuity anyway please let me know the process if anything. It was my hard earned days of 5 years almost that i spent in that company. Hope, you ca understand.
Thanks
vijay

Hi Vijay ,
Although its been a good amount of time that you left your Last organization , but still there are couple of things at your disposal which might help you in getting your gratuity.
1 - Contact the HR department. tell them your issue
2- Most probably they will come up with some execuses , which you can counterbalance by having a talk with your Ex-Line Manager ( provided he is still in the Co.) . The reason for doing that is because you should know the fact that you are outside the system and so you need some help from within the Co. to help you out.
Hope this helps .
Kinkar Sarkar

Hi Kinkar & Amit,
thanks for the concerns. But, actually this came through HR itself. Because i was the running as Head of that branch. and their intensions were truly to close that branch and unfortunately today that branch is no more existing now.
So there is no meaning to discuss to that company now. But, the intensions behind them was not believeable for us till they closed the branch very cunningly due to this made me to re-think for any chance to get Gratuity.
Thanks,
Vijay

Anyone asking about the gratuity claims please mention this point clearly how many employees in your organization is it registred under shops/establishment act or id act lenght of your services
Dear All,

Have a Look on Short Summary of Gratuity.

Applicability

AN ACT TO PROVIDE FOR A SCHEME FOR THE PAYMENT OF GRATUITY TO EMPLOYEES ENGAGED IN FACTORIES, MINES, OILFIELDS, PLANTATIONS, PORTS, RAILWAY COMPANIES, SHOPS OR OTHER ESTABLISHMENTS IN WHICH TEN OR MORE PERSONS ARE EMPLOYED, OR WERE EMPLOYED, ON ANY DAY OF THE PRECEDING TWELVE MONTHS;

Payment of Gratuity

ITíS A LONG TERM BENEFIT FOR THE EMPLOYEES, AN EMPLOYEE WHO COMPLETE AT LEAST 5 YEARS IN A COMPANY IS ELIGIBLE FOR THE GRATUITY (AFTER COMPLETION OF THE 5 YEARS FRACTION OF THE YEAR WILL BE CONSIDER)

Ceiling Limit

MAXIMUM

CEILING

RS.3, 50,000

Calculation Of Gratuity

CURRENT BASIC/26*15(HALF MONTH SALARY)*(LENGTH OF SERVICE)

FOR PIECE RATE EMPLOYEES AVG. SALARY OF 3 MONTHS SHOULD BE CONSIDERED.

FOR THE SEASONAL EMPLOYEES 7 DAYS SALARY FOR EVERY COMPLETED YEAR SHOULD BE CONSIDERED.

TO APPLY WITHIN 30 DAYS IN FORM I WHEN NOT PAID WITHIN 30 DAYS.

Penalties

FOR THE PURPOSE OF AVOIDING ANY PAYMENT TO BE MADE BY HIMSELF UNDER THIS ACT OR OF ENABLING ANY OTHER PERSON TO AVOID SUCH PAYMENT, KNOWINGLY MAKES OR CAUSES TO BE MADE ANY FALSE STATEMENT OR FALSE REPRESENTATION SHALL BE PUNISHABLE WITH IMPRISONMENT FOR A TERM WHICH MAY EXTEND TO SIX MONTHS, OR WITH FINE WHICH MAY EXTEND TO 10000/- [TEN THOUSAND RUPEES] OR WITH BOTH.

thanks/regards,

Amit Kumar

Hi Can you check whether your gratuity part was mentioned in your CTC break-up, if yes then you can apply for your gratuity amount as per govt act attached here.

Attached Files
File Type: doc Gratuity Policy - Applicability-India.doc (65.5 KB, 1759 views)

Sir, i have already mentioned in my subject as my empoleyer isnt pay to me my salary as well gratuity so kindly suggest me any other way to get my salary as well as\my gratuity.
Dear Sir,
I have a query, Ours is a group of companies where i have been working since last 10 years, During working in the organisation i have been transferred into 3-4 different group companies at various intervals of 2-3 years. Will i be eligible for gratuity ? how can the same be adderessed ?


This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Coô