Shailesh Parikh_HR ProDear Atul The employer cant hide it not he can disown the obligation. You can file complaint with all evidences before appropriate authority of Labour. Shailesh Parikh 99 98 97 10 65 Vadodara
From India, Mumbai
If you completed 5 yrs then you are eligible to get Gratuity. You can count your gratuity on basis of below formula.
Last drawn salary (basic salary plus dearness allowance) X number of completed years of service X 15/26.
First ask to your HR and request them to release your gratuity if they denied for that you can contact to local employee labour department and raise your complaint.
From India, Mumbai
Rahul ChhabraDear Atul,
I suggest you fill up "Form I" as illustrated in the payment of gratuity act and send the same to your previous employer via registered post and email too. Give them some time to address it and follow it up timely; incase they dont respond or refuse; you can file a complaint with the local labor inspector of the region where the office falls in.
Hope it helps.
From India, Delhi
Aks17Hi Hope your company has more than 10 employees to make the Act applicable. Other criteria had been informed by other learned members. Thanks and Regards
From India, Hyderabad
ssushrIf your company is having branches in more than one state and having more than 10 workers, you may first make an application to the employer in Form I as suggested by learned colleague and then file an application in Form N before the Assistant Labour Commissioner (Central) as the appropriate govt is central govt under Gratuity act if any establishment is having branches in more than one state. If you are in Delhi the office of the Assistant Labour Commissioner (Central), is on 4th floor, Jeevan deep building, opp Jantar mantar police station, near Patel chowk metro station. If your company is not having branches in more than one state then you may file your application before Assistant Labour Commissioner of Delhi Govt. (State Govt)
From India, Pune
loginmiraclelogisticsDear friend from Delhi,
Hope you have completed all exiting/severance formalities and they relieved you by issuing official relieving letter. How about your EPF, have you withdrawn fully by closing your EPF A/c or still it's open. I'm afraid, You have to rule out any possibility of that firm treating your initial one year or so as training period and try to establish that you have not completed the statutory 5 yrs. minimum, continuous service to save their interest in this case. Also satisfy yourselves there is no break-in-service in between. Don't worry about the delay, the employer has to pay interest till such time the gratuity is finally paid irrespective of any no.of years of delay. What's important is to satisfy the conditions laid down in the Payment of Gratuity Act. Therefore time is not lost, file the forms as suggested by learned members to stalk your claim properly. It's the duty of the designated officer under the Gratuity Act to redress your grievance of unpaid gratuity to you.
From India, Bangalore
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.