2) I was Sr. Project Manager at the time of resignation. Salary was around 1.16 per month.
No, I have asked for gratuity yet. It has been more than 45 days from my last day there.
So, it means I can still ask for gratuity even if I have signed a final settlement document which didn't include the gratuity amount?
Also, is this necessary to declare the new employment details at the time of resignation?
Thank you for help
Whatever the reasons shown by you for your resignation, once it was accepted by your employer and you were relieved after serving the notice period as per the contract of employment, your employer has no right to stipulate any conditions for your F&F Settlement. Your acceptance of the illegal conditions forced upon you by your employer on the eve of your relief can not preclude you from claiming your legal dues by instituting appropriate legal proceedings.
1. PF : PF coverage continues unless you remain unemployed for six months. Thereafter it can be claimed. Presuming that you were working in a PF non-exempt organisation and you are joining a new organisation, you have to fill up Form 11 to continue your PF.
2. ESI : Nothing is due to you under ESI, your coverage under the ESI Scheme till the expiry of the benefit period for which contribution has been paid by you. If you are still covered under ESI (Wages < Rs. 21,000 pm) and your new organisation is in ESI covered area, you will continue to be covered under the ESI Scheme.
3. Gratuity: It is the statutory liability of the employer to pay you gratuity within 30 days of your leaving the service failing which you are liable to be paid interest. It is not necessary that you have to apply for it . The Labour Officer of your area is Controlling Authority competent to hear the matter.
4. As regards leave encashment, if you were working in a factory, it is necessary to pay you leave wages within two days of your leaving service. This is so provided in the Factories Act 1948.