You can approach controlling authority and file your complaint if you have complete documentation of continuous working for more tan 5 years under the same employer. Also, for PF you can approach PF office and file your claim request, now days if your aadhar is linked with your PF account then you need not to take any authorisation from your employer for withdrawal.
You have mentioned that you worked for 7 years in construction company. Generally construction companies recruits workmen on contractual or Project basis. You haven't mentioned whether you were workman or regular staff. Whether you have received any final settlement projectwise. If yes, you cannot claim continuity in employment.
Please elaborate your post properly i.e. your designation, DOJ, DOL, whether you have any appointment letter with you, was there any long gap in your services due to project completion?
From India, Thane
Manoj Ku NayakMr.Amit,
Please mentioned the details of service i.e if it is seasonal/project basis then It should be in the appointment letter then gratuity is not entitle.If your service is permanent & regular basis with continuous service without any break does not include leave taken etc then you are entitle to get Gratuity amount.
Manoj Ku NayakAmit,
As discussed earlier,if you are entitle to get gratuity from employer,but employer is unable to pay by intention then You can approach controlling authority i.e.Asst.Labour Commissioner of specified area of Labour Department.He has a authority to order for payment of Gratuity.
As you have asked about my details, I was a regular staff (permanent employee) in the company. I had joined the company on contract but later the company made me a permanent member and I have an appointment letter for the same. My joining post was supervisor and later after my increments I was on a post of Assistant Officer. My joining project location was Delhi and all the projects I was involved were in Delhi only. I had provided a notice before my resignation a month ago from my resigning. From past 10 months, I’m contacting the concerned officer of the company via mails regarding my PF, salary and gratuity which are pending. Even PF of 2 years from my salary was deducted by the company and later I came to know that it was not submitted in the PF office. I request you to please guide me the way to solve my problem and provide me the appropriate advice as the head office of the company is in Mumbai and my work place was Delhi, i.e. from my joining till the date I have resigned.
From India, Ghaziabad
suresh2511Amit, from your post it seems that you are hiding information. You were asked to provide details of your date of joining n leaving, Appointment letter, salary slip, PF no. and date of pf membership. Your contract period will not make you eligible for gratuity. Suresh
From India, Thane
you can approach Asst. Labour Commissioner and submit your complaint in writing with full facts. you will get the PF and Gratuity. provided you have serve the notice period as per your appointment letter and handed over all the company property to the authorized person.
From India, New Delhi
I worked with Hyderabad based Healthcare IT industry (KPO) company for 8 years and relived on 31st of March'19 till now i have not received my Gratuity (My last Basic is 17,800) and I got reliving letter for this period. HR said we will credit your gratuity in your account directly after a month, its not happened. Now two months over, no response with emails or calls as well messages from HR. So, I thought they are trying to refusing my gratuity. Coming to PF I have done my EKYC (UAN) no issues with PF. Finally I decided go through the legally. Please help me out how to file the case against employer.
My query is just give me any hint to take any necessary action for the same.
From India, Hyderabad
vmlakshminarayananSame question repeated in three topics. Please refer your other post wherein I have answered your query
From India, Madras
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