I have approach the company for gartuvity claim. But unfortunately my HR is telling company started gratuity on 2011 and as its finished only 4year they cannot give it. But i have finished my service in this company along 6years. So please confirm is there any criteria in the law about company should be under gratuity for 5 years. Also what action i can be taken for getting my claim if i am eligible.
From India, Bangalore
From India, Bangalore
The information furnished in the query is not complete. However, let me try to give some general clarifications regarding applicability of the Payment of Gratuity Act,1972 to the establishment and the eligibility criterion of the employee to stake his claim for gratuity. The Act applies to every establishment whether it be a factory, mine, oil field, plantation, port and railway company, every shop or establishment within the meaning of any law in which 10 or more no. of employees are employed and any other establishment employing 10 or more no. of employees notified by the Central Govt. as such. Once the Act becomes applicable to an establishment, the subsequent reduction in the emoployee strength below 10 has no relevance at all. Every employee who has completed 5 years of continuous service in the establishment shall be paid gratuity on the termination of his employment on account of superannuation or retirement or resignation or on his death or his disablement due to accident or disease. However, the minimum limit of 5 years is not applicable to any case of termination of employment due to death or disablement. So, how long the Act has become applicable to the establishment is not at all a criterion for payment of gratuity to an otherwise eligible employee. Since you have completed 6 years of service as of now, you are eligible for gratuity in the event of termination of your employment due to the aforesaid reasons. You can file a claim before the Controlling Authority under the Act for the area of your establishment. Better consult an advocate or a trade union leader for other formalities.
From India, Salem
6016From India, Salem
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Gratuity form I claim.pdf