Industrial Relations And Labour Laws
General Manager-hr
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Worked for the pharma industry for a reputed firm from jan'94 to june'00 and denied from gratuity & bonus at the time of leaving job confirmation recd in dec'95 company says since I didn't complete 5yrs of services hence denied from the payments.
I want all dues from the company how shall i get n what procedure have to follow . last year visited office campus personally HR assured their support but no response from their end .

From India, Delhi
Dear Friend

As per your statement that you joined in company in Jan-1994

Service confirmed on Dec-95

Resigned on June-2000

Then on what capacity you served the said company from Jan-94 to Nov-95. Almost at about 2 yrs. During this period, I think you might have worked either as apprentice / trainee for which your employer did not take your service into consideration. In some companies, the period of apprentice / trainee will not be taken into consideration for calculation of service. The date of confirmation only will be taken into account. As such, according to your company, you did not complete 5 yrs of continuous service from the date of confirmation of your service i.e from Dec-95. If you would have been served company till the end of Dec-2000, there was a chance for you to get the gratuity as per act.

With regard to other amounts such as unpaid salary, bonus etc are to be settled, you can ask your HR dept to settle these issues at the earliest by making one more representation


From India, Hyderabad
It should be the date of joining and not the date of confirmation that should be considered for deciding the eligibility and calculating the amount of gratuity. It is okay if the training period was apprenticeship under the Apprentice Act, but in a pharma company I don't find any scope for apprenticeship training.

The companies can't have their own rules for payment of gratuity and other statutory payments like bonus. It is settled law that the period of training other than apprentice training should be considered as service period for all the purposes, like gratuity, bonus, leave with pay, contributions and coverage under PF, ESI etc and there cannot be any exception to it also.

It is surprising that the claim for gratuity is not made even after 14 years of your leaving the organisation. However, the obligation to pay is on the employer and therefore, if you file a compliant before the appropriate authority, you will get it with interest.

Regarding payment of bonus, since it is based on profitability of the company and the employer is under no liability to pay bonus to employees whose salary is more than Rs 10000, (it should be Rs 3500 in the year 2000, I think!!) you can not take it as a right.

Attached is the form N which may be filed before the Controlling authority, Labour Officer in the jurisdiction of your company.


From India, Kannur

Attached Files
File Type: pdf Gratuity Form N- seeking intervention of Labour Officer.pdf (76.0 KB, 69 views)

Dear Mr / Ms Madhu T.K

As per Mr Anil's post , he joined there on Jan 1994 and his service confirmed on Dec 1995. His joining should be counted in case he got a joining letter from Jan 1994. But I don't think he has any joining or appointment letter by which he can prove that he joined on Jan 1994. It is like that ... " He appeared for interview and after Interview they told him to come from tomorrow.....and then he worked for more than one and half year without any appointment letter or joining letter..after one and half year he got appointment letter where his date of joining is showing as Dec 1995 "....Though I am not sure , but it happens in most of the company..

Of course , he can file a complaint before the controlling authority...but I feel , it is not advisable to file a complaint before the controlling authority for a small amount....I think , it is better to settle the matter amicably if he has proof of joining from Jan 1994. If he do not have any proof of joining from Jan 1994 , he can not prove anything before the controling authority also...

Also , company's intention is very clear...because the amount is unpaid even after 14-15 years passed. I think he don't have any proof to show that he joined on Jan 1994. Person seating in the HR department of that company is not so fool...there must be something wrong in his appointment letter....which is unknown to all of us.

From India, Kolkata
It is true that onus to prove lies with the employee but there should be something in the pay roll or accounts books of the company which shows that he was paid salaries from Jan 1994. That is sufficient to prove his employment with the company. In case of disputes, he can very well require the company to produce the records and the employer will have to produce it subject to rules governing limitations and the periods for which the books are required to be maintained.

From India, Kannur
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