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mail2mahesh.sinha
Hi HR Team
I have served in an IT Organization for approx 5.8 years .
Would like to know that is there any rule by which Company can deny to give gratuity.
Since in paper (HR Policy documents) provided by organization the term of gratuity was never mentioned.
Hope will get response early
Thanking in advance

From India, Delhi
ccdepindia@yahoo.co.in
25

Hi,
You must go through the Payment of gratuity Act and see whether the industry/establishment you are working with is covered under the Act. If yes, you will be elibile to payment of gratuity on completion of 5 year service.
In case the payment has not been made, you can approach the Asstt Labour Commissioner , Government Labour department (State or Central as the case may be) for assistance. This you must do, after you have sent a letter to the employer to release your gratuity payment and the same has not been paid .
Cyril

From India, Nagpur
mail2mahesh.sinha
Thank you very much for sharing the knowledge
Having one more small doubt
How can be identified that establishment is covered in the above mentioned act or law
Basically it is an it company (Product based IT Software Company)

From India, Delhi
varghesemathew
910

If you are terminated for a misconduct for any offence mentioned under sec 4(6) of POG Act then the employer can forfeited. Varghese Mathew
From India, Thiruvananthapuram
Employment Lawyer
63

No. No company can deny you Gratuity by way of so called 'policy', terms of your appointment notwithstanding. You being eligible for gratuity is a different aspect subject to the provisions of the Act, with the info that you have provided you may be eligible having completed 5 years in continuous service.
From India, Chennai
sgondchar
13

Hi,
Gratuity law is applicable to any firm who has employed more than 10 Employees.
If your company is having more than 10 employees then they are applicable.
So even if its not updated in your appointment letter still they cannot deny it.
If in worst case they denied then you can approach to Labor officer in your area, they will help you. Most of the labour laws are favoured to employees than employer.
But my suggestion is to tell them and try to get it without any dispute but if they reject or denied to pay then you can approach to labor officer.
I have also attached one PPT on gratuity which will help you to understand the Gratuity act.
REgds
Sunil G
Pune

From India, Pune
Attached Files (Download Requires Membership)
File Type: pptx GRATUITY.pptx (112.5 KB, 306 views)

Shailesh G. Parmar
18

Dear Mr. Sunil G, Thanks for attached PPT on Gratuity, Kindly update the Maximum Limit of Gratuity Now is Rs.10Lacs instead of Rs.3.5Lacs. Regards, Shailesh G. Parmar.
From India, Lucknow
mail2mahesh.sinha
Perhaps you have not gone through with my first post. As i have mentioned i have resigned, Completed my notice period and then left org
From India, Delhi
malikjs
167

Dear you are eligible for gratuity.Company policy can not go against the law.maximum limit is 10lakh for gratuity
From India, Delhi
NehaG7
6

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From India, Bangalore
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