Manager - Human Resource
Sr.manager Hr & Legal
Korgaonkar K A
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Lalit Thakkar
Systems Consultant
+1 Other

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Hi All,
I Worked for a software company for 6 Year and 4 month and left the company in Jan 2014.
When i asked for the gratuity the HR person saying the i am not eligible for gratuity.
What i should i do now, also the company not paid the salary of last two month till date and not
responding to the e-mail.
Can you help me how to get resolve this.
Also want can any private company(software company) say like this they don't have policy?

Dear Ss_sunny,
If your company had any time in past 10 employees and more, the POG Act is applicable to your company and the company is liable to pay you gratuity as per the Act. Whether your company is proprietary, partnership, private or publice limited, whether your company has gratuity policy or not, your company can not escape its legal liability to pay gratuity.
You said your company has not paid you salary also for two months. But seems to me that you are giving less importance to it.
You need to write a letter to the company and request to make all legal dues including unpaid salary and gratuity. Make an application for gratuity.Forward this letters to the company by Regd Post AD and not by email.
Please read my and other members earlier posts in this forum on what to do if the employer refuses to pay you gratuity.

Dear Sunny,
I am agree with Keshav...
Grautity act is applicable to all company subject to minimum employee employed 10 or more at any point of time...
If your employment is continue service without any break then, you are eligible for Gratuity.
You need to fill form "I" for Application for Gratuity & seperate application for your Full & Final Settlement & send it by register post.
In case of failure to settle your gratuity dues with prescribed time limit in act, then, collector can be recover the same & land revenue as per Under section 8 of Recovery of Gratuity, as well as u/s no.p employer can be penalised in term of monetory or (as well as) imprisoment. also, you may eligible to get the interest on gratuity amount due to delay in employer from employer on general interest rate.

Dear Ss_sunny,
You are requested to view below given link to know the procedure to claim gratuity.
Controlling Authority is Assistant Commissioner of Labour for your area.

Application of Payment of Gratuity Act is not the choice of an organization. The POG Act defines the coverage requirements. From particulars of your case, it appears that your employer is entitled to be covered by the Act. Please verify the coverage criteria again. Since you have completed over six years of 'continuous' service, you are eligible to gratuity. The procedure is you may submit your claim by registered AD to your employer in form 'I' prescribed in the ACT and Rules. If the employer refuses the claim or prefers to observe silence, you may file the matter with the Controlling Authority under POG Act in your region in form 'N' prescribed under the Act. The Controlling Authority will intimate the case against the employer. I suggest, you may avail of the services of a good labour law practitioner for this purpose.
Lalit Thakkar

I agree with the comments. Compliance with Laws is not a choice but a necessity. Also, ignorance of law, is not an excuse for violations. Warm regards.
Dear friend
You can post the facts on a white paper to CA, PoG Act. with Registered Acknowledgement . As per the Administrative procedures,CA should follow up. Keep your self cool and watch the drama and you will be the final winner.
I agree that all of Our friends have given their suggestions in correct manner and procedure.
Being a common man you just follow my suggestion

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