Sr. Manager Hr/admin
Korgaonkar K A
[email protected]
F &a Manager
+1 Other

Sir, I worked with a private company for the last 5 years. During the time of employment, they did not deduct any amount from my account as gratuity. I am a permanent employee of that company and also they deduct PF. I had five years of experience & a relieving certificate. Our company does not follow the gratuity act and not paying gratuity to anybody. And also they denied my last month salary saying fund shortage. Please advise me, am eligible for Gratuity?
what are the legal formality..? For whom I approach for my last November salary & gratuity legally.

From India, Coimbatore
Hi Ms Sindhu No company will deduct for gratuity. Can you please tell how many employees are employed in teh company? You can approach the labour department at coumbatur if at all they are denying
From India, Bangalore
Hi Ms.Sindhu,
You are eligible for gratuity. Before going to any authority, you request your previous employer to pay gratuity. If they dont pay within 30 days contact your area Labour commissioner with relevant documents

From India, New Delhi
Dear Jeevarathnam Sir,
In my old company around 40 direct company staffs in two branches , around 50 staffs worked as contract employees,and 35 employees worked as trainees.That is an construction contracting company.
Thank you for your valuable reply.

From India, Coimbatore
Hi Ms Sindhu
In that case you speak to the concerned person of that office. You keep the records regarding the joining report or appointment letter, experience letters & other relevant documents. It is always better to close the relationship smoothly. If at all they are not ready to pay you then you can take the final steps

From India, Bangalore
Dear Sindhu ji,
You are requested to go through the below given link. Answer to your query is given in it.
Gratuity is not a contributory scheme. Mr. Jeevarathnam rightly said that no company deduct any amount for gratuity.

From India, Mumbai
Number of employees is immaterial for applicability of the Act. If the PF was being deducted then it was an establishment - office of profit. By RPAD send completed gratuity claim form - 'Form I' I think with a covering note mentioning your name, designation DOJ & DOL. Wait for 3 weeks if office is nearby. If no response is received send reminder by RPAD & wait for 3 weeks. If there is no response, write to govt. labour officer with copies of these documents.
From India, Mumbai
Dear Shrikant_pra,
You are requested to read the Act once again and correct yourself.
With discontent, I would like to mention here that such kind of responses are constraining contributing members like me from participation in this forum.

From India, Mumbai
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