I have served about 6+ years in an IT company in Product Support team in Bangalore. The company is a Pvt Ltd. When I asked for Gratuity with my employer they have said that it was not a part of salary structure in 'Company'. I agree that there was nothing written in papers about Gratuity. It was only big money expected since there was no PF as it was a small size company. Now, I have below questions.
1. Am I eligible for Gratuity?
2. Is there any rule that the Gratuity will not be considered if the company's financial status is not good?
3. Is it mandatory to pay Gratuity even though there is no written document available with respect to Gratuity?
4. If my ex-employer has to pay the Gratuity then how would I proceed further to get the Gratuity as the ex-employer is not ready to pay it.

From India, Bangalore
Insolvency N Gst Professional


How many employees are there in the company?
From India, Pune
Hi NathRao, There were about 15 employees when I was in service. Now, more or less must be around 15 only.
From India, Bangalore

If there are more than 10 employees, company is legally bound to pay gratuity.
You can probably write a formal letter asking for gratuity.
Whether Gratuity was mentioned or not is not important.
That company is having financial problems is not relevant to meeting statutory requirements.
Gratuity is never part of salary structure as it is purely a company obligation which they have to meet from their funds or take suitable insurance policy-group gratuity policies.
If they fail to reply complain to the nearest Labour Commissioner under whose jurisdiction the office/factory falls.
They will intervene and assist.

From India, Pune

You are squarely eligible for gratuity as per information provided by you. You need to make an application in Form-7(2) in claim of your gratuity to your employer & forward a copy to local laour office in registrerd post. If the amount of gratuity is not paid by your employer within the prescribed time, you have the right to file a complaint to the Controlling Authority under the Payment of Gratuity Act within the area where the employer’s establishment is situated or where you were working at the time of leaving.
From India, Mumbai

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