Kamalkantps
Advocate
Kalpana Annu
Hr Manager & Mr
Loginmiracle
Consultant & G.m.
SATISH KUMAR DHANWAL
Sr. Manager (hr)ntpc Ltd., Noida
Raviatreya
Commercial
Subhaga2
Projects Coordinator And Hrd
+6 Others

Greetings to all
employer refuse to pay gratuity......... I have worked past 10 years, suddenly they have terminated
me from the service. Regarding this there is no letter from them. Need advice from superior for recovering the gratuity.
Thanks
mahadevan
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Hi Mahadevan, If you have records that you have worked there for 10 years, you can give the notice to employer cc to Labour Commissioner in the area and recover the gratuity. Regards, Vinod Bidwaik
Termination can not be legal when it is not fulfilled legal action and compensation including gratuity like other employees welfare under labour laws.
You can discuss your matter with local labour authority such as assistant commissioner or labour officer and follow their guideline for submission your grievance.
Thank u kind reply
one more query..........some of the colleague were also seeking their gratuity from the same concern
can we go together to the labour commissioner for claiming.. if feel it is strength for us.
Rgds
Mahadevan
Dear friend,
Why do u need more strength by other colleagues. As rightly advised above , take immediate action. Do u have appointment letter ? do you have the termination letter ? how was the termination communicated to you ? do u have evidence such as pay Slips, Attendance Card, any other similar evidence that u worked in that organisation for the period as indicated above ? was any domestic enquiry conducted ? what was the reason of termination given orally or in writing ? Was your PF being deducted from salary ? do you have PF No. ? You have not mentioned about your PF issue. why ?
APPROACH IMMEDIATELY THE CONCERNED LABOUR COMMISSIONER alongwith properly drafted Letter giving full facts & evidences with a copy to your erstwhile employer for RELEASE OF GRATUITY and PF.
SATISH KUMAR DHANWAL
Sr. Manager (HR)/NTPC Ltd. (retd.)
Mr.Mahadevan,
It's sad that the termination taken place that too without any orderly manner/observing necessary package.
Are you covered under ID Act.? Nevertheless you should claim 1) Full gratuity & Full PF settlement 2) Retrenchment compensation as per ID Act 3) Notice pay 4) Encashment of leave at credit 5) Pension to commence at once. Nothing wrong if every one of you follow suit by filing individual settlement forms as per respective acts.
kumar.s.
Hai mahadevan,
keeping view of all above i wish to suggest some steps to be taken at once.
First, u give ur representation to ur hr department and give wait for 10-15 days
secondly, approach to ur local labour department people for advice not with compliant.
Thirdly, u have maintain frequency in approaches
Dear M .
If you have personal E-mail. Write to your HR Deptt on their E-mail ID & CC to CFO & Management ID regarding giving the Gratuity & other Benefit you entitlement as per your appointment letter wait for reply still 15-20 days.after that take the help of Labour authoirty.
ear friend,

As rightly said by Mr. Satish, if you are a workmen under Section 2(s) of the ID Act, you can raise the dispute u/S. 10(a). You have told about your designation and nature of work. If you colleageues want to raise the dispute they can raise individually. Every case has its own merits and demerits. Do you have appointment letter ? Do you have the termination letter ? How they communicated to you about your termination. Do You have evidence such as pay Slips, Attendance Card, PF/ESI numbers, Bonus slip, annua increment letters etc. or any other similar evidence that you have worked in that organisation for the period as indicated above ? What was the reason of termination given orally ?

You coud have written a letter to your employer about the reason for the termination and if they have replied to your letter, it would have been a good evidence for your case.

If you approach the commissioner, just they will refer the matter to the court as your employer may not agree for many things.

G.K.Manjunath,

Sr. Manager - HR
There is no clarity in the query. The following should be addressed:

1. What is the status of the company or organization. Is the company coming under the Shops and Establishment Act of the state, in which it is situated.

2. What are the conditions indicated in the Employment letter, first when the candidate, was taken into service?

3. Was there any mention like "the company follows all the statutory regulations or some such thing?

4. Is the company covered under the Labour Act?

5. Was there any termination letter and issue of experience certificate wherein it is stated that the candidate has worked from date so and so to date so and so, which will speak of the number of years of service put up.

6. If PF subscription from the company was properly credited to the PF accounts, and if pension contribution was proper, the candidate can get pension, if the service put up is 10 years or more. The pension payment would be only from the date the candidate reaches his 58th year and not before.

7. If all the above are proper, the candidate can go to Labour commission, and redress his grievance.

Subba Rao Bhagavatula.
Dear Mr. Mahadevan, Kindly follow the steps explained vividely by Shri SATISH KUMAR DHANVAL. No need for any group. Regards. Ravi.V
Dear Mahadevan,
A collective action, either as a Union or a group of such retrenched employees would give better bargaining power, strength and in case a dispute arises and goes to court better guidance and minimise legal expenses etc. It is advisable to take it on as a Union, if U R covered under a Trade Union Act. If U don't have a Union to fight it out, nothing wrong in organising one group and take the matter boldly.
kumar.s.
Dear Mahadevan,
Sure, It is better you approach the Labour Commissioner collectively. It is highly advised to do so as it will give much more impact to your case as well. Don't Hurry you have got plenty of time to file your case. So head calmly and coolly you will surely get your gratuity.
Another aspect you don't need to approach any union for that just visit the local labour commissioner office for help and file a simple application for that. If you will approach any trade union they may ask for money in order to pursue your case, which is not needed here. In my opinion go ahead and file the application as a group by yourself.
Dear Mahadevan,

You have mentioned they have terminated your services, for any employer there should be an authorized reason to terminate an employee and the same has to be communicated to the Employee in written/mail etc..

[COLOR="rgb(153, 50, 204)"]Forfeiture of Gratuity:[/COLOR] (Sec 4) (6) The gratuity of an employee, whose services have been terminated for any act, willful omission or negligence causing any damage to the property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused. The gratuity payable to an employee shall be wholly forfeited if the services of such employee have been terminated for (1) his riotous or disorderly conduct or any other act of violence on his part of (b) any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.

Thus the law provided for the forfeiture of the gratuity in case of misconduct of the employee. Depending upon the nature of the misconduct sometime complete forfeiture results and yet at other times only partial forfeiture results.

Controlling Authority: If employer is not paying gratuity without showing any authorized reason for termination, you can make an application to the Controlling Authority. On receipt of the application from you, they issue a certificate for the Gratuity amount to the Collector. The Collector shall recover the amount as arrears of revenue together with compound interest at the rate of 9% p.a from the date of expiry of the prescribed time and the pay the same to the employee entitled thereto.

First speak to the right person/HR Deptt, get to know what exactly the reason for termination, if you find no valid reason, convey the right message to the HR and get the things done smoothly.... if not.. please approach Legally....

Good Luck.......
Dear Mahadevan
have you taken the amount of full and final settlement ? if yes then give a remainder letter to your employer mentioning the ommission of gratuity.
If your employer is not willing to give garatuity then go to area labour inspector or labour commissioner.
It is also important in which position you are working ? If you are in a senior level position then you can go to civil court also.
Thanks
Kartik chandra Dutta
All my learned friends have advised you correctly,but one thing is missing i.e. submission of Application of gratuity by an employee in Form I.
This is essential before you approach the local labour authority.You are required to send the aforesaid application by registered post, then wait for thirty days,then it is the right time to approach the authority.
Next, you have stated that ur services were terminated,for what reasons?,because that too matters.
Regards.
Pedgaonkar
Asst.Commr.of Labour (Retd)
9322742801
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