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Thread Started by #sanjay bhanwal


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
17th August 2012 From India, New Delhi
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
17th August 2012 From India, Chandigarh

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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
18th August 2012 From India, Bangalore
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
18th August 2012 From India, Bangalore
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
18th August 2012 From India, Bangalore
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
19th August 2012 From India, Hyderabad
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
20th August 2012 From India, Chandigarh
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.
3rd October 2012 From India, Delhi

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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.
3rd October 2012 From India, New Delhi
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 ?
10th December 2012 From India, Surat
Dear Sir,
I have worked in speck spatialtech limited from 2001 to 20011 (9.5 years) the company is still exist I have applied for gratuity but the company is due to the LIC they are not paying me the gratuity even approaching the speck HR and LIC office how to resolve my problem. Please guide me to resolve my problem.
19th February 2015 From India, Hyderabad
Apply for gratuity via FORM I to the employer. If employer does not pay, apply in FORM N before the controlling authority under the payment of gratuity act.
As per the act, you have to claim via FORM I within a month from the last date of work and via FORM N within next 3 months. You can also place your claim after this period provided that your claim is accompanied with a petition for condonation of delay.
Check www.labourlawhub.com for more information.
20th April 2016 From India, Kolkata
I have let my ex company, they are yet to respond to my gratituty request, I have send 2 reminders to them. They claim that i have joined compeition so i am not eligible for the gratuity...
I do not know much about this as i never faced similar situation earlier...
Is going legally an option.
Kindly help..
2nd November 2016 From India, Mumbai
if a employee completed 4 years and 6 month of his service in a pvt ltd company. Is he eligible for gratuity?
28th January 2019 From India, Mumbai
If an employee only completed 4 years and 6 month of his service in a pvt ltd company then he is not entitled for gratuity.
R N KHOLA
7th February 2019 From India, Delhi
I am working in a Pvt Ltd Company.We are paying a lumpsum amount as "Incentive" (based on the service of the employee) apart from basic and DA, and deducting PF and ESI as applicable on the Total amount (inclusive of Incentive).
Can we consider "Incentive" while calculating Gratuity of employees in addition to Basic+DA under these situation.
18th February 2019 From India, Mumbai
Please give valuable opinion about my doubt regarding Gratuity calculations posted on 18th Feb
Krishnan.M.E.N
21st February 2019 From India, Mumbai
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