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Dear Sir, Please advise me, I work for a company (partner ship firm), with out appointment letter more than six years my salary going to bank account last month I resign from the company and ask the gratuity but company not gave me gratuity

My basic is 15000 per month. No any deduction from my salary like of pf and other.
16th June 2017 From India, Delhi

Umakanthan53
Labour Law & Hr Consultant
Bharat Gera
Principal Hr Consultant
Manojkamble
Sr. Hr Executive
Smnkumar57
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Hi,

First of all, i'm failed to understand how you are working without appointment letter. Secondly, if no contribution is been paid for you such as PF, ESIC etc from your salary then surely your employer is not counting you as an employee and must be showing you in some other category in their books. Thus you are not entitled for gratuity.
17th June 2017
Other than the Sales Promotion Employees (Conditions of Service ) Act,1976, if I were correct, no Labour Enactment mandates issue of appointment orders by any employer. Therefore absence of appointment orders can not totally repudiate the claim for gratuity of an employee if he is able to prove the facts of his employment and its duration by means of any other documentary evidence. Payment of salary through bank is an acceptable and sufficient proof of employment.Therefore, if the Act is applicable to the establishment, the questioner can file a claim for gratuity before the Controlling Authority under the Payment of Gratuity Act,1972 for the area.
17th June 2017 From India, Salem
Dear SMN Kumar,

1. If your establishment was employing 10 or more employees, the establishment is covered under Payment of Gratuity Act 1972.

2. Appointment letter is not a precondition, even if you did not have any appoint letter from the firm, it does not meen that you were not employed, your bank records are sufficient proof of your employment.

3. Hope you had completed a minimum tenure of 4 years & 8 months for being eligible to get gratuity.

4. In case all above conditions are fulfilled, your employer is under obligation to pay you and you have legal right to claim.

5. If your employer refuses to pay, please contact authorities in the Labour Department.
19th June 2017 From India, Thane
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