Labour Law Advocate
Rajesh Kumar Dubey
Manager - Hr
+2 Others

I have worked with pvt ltd company from Oct 2002 to Aug 2015. I want my final clearance from the company. Such as balance bonus and my gratuity amount. But my employer does not want to offer me gratuity amount. My last salary drawn was Rs 32000. Please advice what I can do for my Justice.
From India, Siuri
Dear Sachida Nand
You are entitled for Gratuity since you have served more than 5 Years as u mentioned. First give a written request to your employer to release Gratuity , Kindly Attach FORM - I with your application and clear your No Dues from department as earliest.
For Bonus You are not entitled because of exceeding the coverage which is 21000 PM and your salary is above ie 32000 PM.
In case your employer still not relase the gratuity after submission of Form I and waiting period 30 days
you should proceed to DLC Office with your grievances and claim with Int erst also.

From India
Yes you are eligable for Gratuity because you are working there more than five years and you are not eligable for bonus due to your salary range but if the company give you bonus then that is good.
From India, Pune
You are eligible for gratuity for 13 years of service.
Gratuity amount = Basic+DA / 26 days x 15 x 13 (no of years)
After cessation of employment, send Form I within 30 days to your employer. If the employer does not pay you gratuity, you can place your demand before Controlling Authority under Payment of Gratuity Act through FORM N.
For more info, check my blog www.labourlawhub.com please.

From India, Kolkata
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