You can discuss your matter with local labour authority such as assistant commissioner or labour officer and follow their guideline for submission your grievance.
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.)
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.
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
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.
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.
Sr. Manager - HR
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.
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.
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.
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....
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.
Kartik chandra Dutta
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.
Asst.Commr.of Labour (Retd)