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I worked with a partnership firm for 6 yrs which employs about 60 people. I recently resigned from the company after 6 yrs. When I approached them for Gratuity they said the company doesn\'t fall under the gratuity act. Can anyone clarify on this.
From India

Dear member, It seems that they are avoiding you to pay gratuity. You should approach the nearest labour office for this matter. Regards, R N KHOLA
From India, Delhi
Dear Nick,
Yes i accept with Mr. Khola. Because as per the act evry shop or establishment which has 10 or more persons employed are covered under Gratuity act, and i hope you are eliggible for the gratuity.
Please approach labour office immediately.
Suneel Pepakayala,
HR Executive.

From India, Hyderabad
Job Seeker HQ

Dear Nick,

You should write a letter to the Company (mentioning your designation, duration & general duties) that you have worked with them for more than 5 years and politely request them to pay you the Gratuity amount. Most probably they will not reply. Wait for about 2 weeks and send them one more letter politely reminding them about your gratuity payment, do mention or make reference to your 1st request as well.

Both letters should be sent by registered post acknowledgement due (registered AD). When the letter is delivered, the postman will take an acknowledgement from your Company that they received your letter, and this acknowledgement will be delivered back to you by the post office. Keep both the acknowledgements and photocopies of the letters with you, you will require these later on.

Scenario 1) - If the Company does not respond to you, then take your appointment letter, pay-slips, copies of the letters and AD receipt and go to the labour officer and register a complaint.

Scenarios 2) - If the Company responds to you in writing that they are not covered under Gratuity Act and refuse to pay Gratuity then take the Company's reply, your appointment letter, pay-slips, copies of the letters and AD receipt and go to the labour officer and register a complaint..

As per law, if you are eligible for Gratuity, the Company has to pay Gratuity to you automatically i.e. you do not need to make any request or application for it, but to make you case stronger you should show that you made polite requests but still that Company is not paying you Gratuity in violation of Gratuity Act.

Non-payment of Gratuity is serious offence, the labour officer will take strict action, but you need to be a little patient and calm as these matters take time.

In my experience, some Companies do take advantage of naive/unsuspecting employees but once they get a notice from the labour office they immediately clean up their act and settle all claims/dues as per law.

Hope this helps.

Best Regards,

Ritesh Shah

From India, Pune

The authority under the Payment of Gratuity Act is Assistant Commissioner of Labour. You shall prepare a petition providing the details of your date of joining and date of relieving and the proposed Gratuity Amount claim. The authority will issue notice to the respondent and dealt the matter accordingly.

From India, Coimbatore

Dear Nick,
What was your position and nature of work in the company? If you have worked for more than 5 years you are entitled for gratuity, you should approach to concerned Labour office.
Thanks & Regards
Sanjeev Baliyan
Sr. Consultant(Labour Laws)
Clairvoyant Management Solutions

From India, Pune

Dear Nick_07
Without going into much complexities, I would suggest as follows :
1. Any Establishment/Company/Shop which is registered either under Companies Act or Shops & Estb. Act, has to pay Gratuity as per provisions of PG Act, beyond doubt.
2. If your HR department has denied, give them a Claim in Form-I (Application for Gratuity by an employee), obtain a receipt. Wait for 30 days. The employer is liable to pay Gratuity within 30 days of separation. If he fails, he is liable to pay interest on the payable amount after expiry of 30 days.
3. If you are not paid gratuity within 30 days, lodge a complaint with ALC of your region, who is the Payment Authority under the Act. He will take up the matter suitably.
Best wishes.
AK Jain
HR Personnel

From India, Jabalpur

Dear Nick_07,
It is as simple as that what have been suggested by others. If you still have difficulty use these forms and submit it to your employer, one personally,one by ordinary post, one by speed post or RPAD and one copy to the designated authorised officer for your office. Make sure you have copy of this claim form duly acknowledged by your employer. Wait for some time, send a reminder quoting your original claim form giving them time for about 15 days and nothing happens straight away file a petition to the Authorised Officer (you can also meet them personally.). You should also mention in your reminder that your employer is liable to pay over due interest as per law till the date they make you the gratuity payment. You can make use of these forms attached as may be deemed necessary.
All the best.

From India, Bangalore
Attached Files (Download Requires Membership)
File Type: pdf gratuity form I claim.pdf (21.7 KB, 644 views)
File Type: docx Gratuity-Form L,M,N....docx (21.2 KB, 516 views)

We all understand that your ex-employer is making attempts to avoid paying your Gratuity. Communicate once again & demand your due , if the stalemate persists . Take up the issue with the concerned ALC and follow up regularly to get your due.
Best wishes ,
Sourav Mukherjee

From India, Bangalore

Before approaching to the the Labour Department or authority under the PG Act to file your case/claim for payment of gratuity, please also ensure that you have sufficient evidence about
1. Your date of joining and date of exit
2. You have continuously served their for 5 years and above
3. In each year of service, you have worked at least 240 days
I think you will be awarded for payment of gratuity with interest and penalty by the authorities.
Yash Paul Ahuja
Yash Ahuja & Associates
Malerkotla, Punjab
ESI & EPF Consultant in Punjab| Labour Laws Consultant in Punjab

From India, Sangrur
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