Gratuity Applicable Or Not? - CiteHR
Y123-56
Hr Executive
Hrvinod2013
Hr Executive
+1 Other

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Hi every one!
I worked in a Pvt Ltd construction company for 6 years, there is no gratuity registered in any govt authorities. As I worked for 6 years, Can I claim gratuity as a matter of right? If yes what is the process and whom to approach?
Kindly suggest me on this.
Srinivas
srinivashr23@gmail.com

yes your are Eligible for Gratuity ... Can contact your respective HR Department.... Hope in your CTC they given Gratuity deduction.... Regards B.Anand Kumar
Dear Shrinivas,

First of all I would like to inform you that The Payment of gratuity Act, as enacted in 1972, applies to every shop or establishment within the meaning of any law for the time being in force in a state, in which 10 or more person are employed or were employed on any day of the preceding 12 month. If yes than you are entitled for gratuity on separation of your employment @ 15 days last drawn salary ( 26 days in month basis) for every completed year of service ( 240 days including sanctioned leave)

if your last drawn Basic Plus DA is ( for eg.) Rs. 20000/- hence the calculation will result as follows 20000/26 x 15 x 6 years= 69231 ( note that calculation is different for seasonal establishment)

You can apply for gratuity in writing in form I as given below.

[See sub-rule (1) of rule 7]

Application of gratuity by an employee

To

[Give here name or description of the establishment with full address]

Sir/Gentlemen,

I beg to apply for payment of gratuity to which I am entitled under sub-section (1) of section 4 of the Payment of Gratuity Act, 1972 on account of my superannuation/retirement/resignation after completion of not less than five years of continuous service/ total disablement due to accident/ total disablement due to disease with effect from the …………… Necessary particulars relating to my appointment in the establishment are given in the statement below:

Statement

1. Name in full.

2. Address in full

3. Department/Branch/Section where last employed.

4. Post held with Ticket No. or Serial No., if any.

5. Date of appointment.

6. Date cause of termination of service.

7. Total period of service.

8. Amount of wages last claimed.

9. Amount of gratuity claimed.

I was rendered totally disabled as a result of

[Here give the detail of the nature of disease or accident]

The evidence/witnesses in support of my total disablement are as follows:

[Here give Detail]

Payment may please be made in cash/open or crossed bank Cheque.

As the amount of gratuity payable is less than Rupees one thousand, I shall request you to arrange for payment of the sum to me by Postal Money Order at the address mentioned above after deducting postal money order commission therefrom.

Yours faithfully,

Place Signature/Thumb impression of

Date the applicant employee.

Note: 1. Strike out the words not applicable.

2. Strike out paragraph or paragraphs not applicable.



Tanks

Vinod

Dear Vinod,
Thank for the piece of information above.
But as mentioned by Mr. B. Anand Kumar, they company is not registered for gratuity, hence is not complying with the statutory law. What is the penalty for the company in this case. Please suggest.
Regards
Swati

Ms.Swati Virmani said was right, my company is not registered for gratuity, in this case what action to be taken? Please suggest me. Thanks & Regards Srinivas
Dear srinivas,
Please follow the following link
https://www.citehr.com/465681-proced...tuity-act.html
Hope this will be helpful to you.
Regards,
Asmita

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