Hi i am Nilesh, Last 6 year i have worked nasik based pvt company about 55 employs, for me i have no appointment letter, no confirmation letter, but my salary is given online using salary account bank of Maharashtra also my PF is regularly deposit also i have a UAN number, my question is can i applicable for gratuity, and if my employer don\'t agree to pay gratuity can i take legal action against him.
From India, Pune
Labour Consultant
Bharat Gera
Principal Hr Consultant
Associate- Human Resources
Territory Manager
+1 Other

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hi Nilesh, All registered firms has to provide employee with benefits, gratuity is one of them. You will be eligible to get gratuity only if you complete 5 years of work tenure with the organization.
From India, Hyderabad

Hi Nilesh,
Greetings of the day!!!
Ask your employer to provide you salary certificate for bank loan purpose as you do not have any proof available in written.
After receiving the salary certificate put the claim for gratuity.
You are eligible to claim the gratuity amount as you have completed continuous 5 years of services in one organization.

From India, Pune


It is not clear from your Post the followings:

1. Are you still working or left the job?

2. Have you given any application to your co. for payment of Gratuity.?

3. What was your date of joining & date of leaving.

4. What was your nature of work.

5. Have you worked 240 working days in every calendar year (Not paid days).

Please write to your employer with full details of your designation, date of joining, date of leaving and inform them that you are entitle for Gratuity payment as per the act and hence release the payment.

You may also attach your bank statement or photocopy of passbook duly attested by you as an evidence that you were getting salary/wage from them from your joining time.

If you feel that your employer will not respond to your request, you may mark copy of that letter to the Labour Officer of your co's. Jurisdiction alongwith photocopies of your bank statement and or whatever proofs you are having such as Identity card, attendance card, Salary slip and PF A/c. statement etc.

If whatever you stated in your Post is correct, then you should get Gratuity payment by producing the above documents / evidences.


From India, Thane
Bharat Gera

Dear Nilesh
Ask your employer to issue you following letter for getting housinh loan fron
m the bank.
To Whomsoever It May Concern Date -
This is to certify that Mr Nilesh(full name) Son of Sh---------- is employed with us from ------------- as (mention position). He is a permanent employee of the company and his monthly salary details are given below;
1. Basic Salary - Rs.
2. House Rent Allowance - Rs.
Gross monthly salary - Rs.
1. EPF
2. ESI
3. Professional Tax
4. Any other deduction
Total Deductions -
Net Monthly Salary -
For XYZ (name of theCompany)
Authorised Signatory

From India, Thane

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