Sir, I Have worked as an Manager Accounts in a Private Limited Company (A) from July-2006 to September-2017 (11years 2 month). From Aug-2012 to April-2014 they have given me salary from their new Company (B) without any formal transfer letter . Actually i handling both companies accounts as an accounts Head.
again they have start giving me salary form May-2014 to 30th September -2017 from their old company because they have shut down operation of their new company.
i left the company on 30th September -2017 because they have not sanctioned me maternity leave for 6 month from 1st october-2017 to 31st March-2018.
my question is am i eligible for 11 years gratuity or not. Please help.
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Hello there,
If the payroll runs on one company name only ? if yes you are eligible for the gratuity; the payroll or the employee code or any other benefits given by company to you are differ with other sister companies, you are not eligible for the gratuity but if the company think you are loyal on serving 11 years, they can give
Hi,
First of all you should not have left the Company just because they have denied Maternity Benefit. You should fought for it as a legal right. You are also eligible for Gratuity. Please submit request letter to your ex-employer mentioning the service period details and request them to release gratuity. In case if your employer denies Gratuity, you can file a case with Assistant Commissioner of Labour of your jurisdiction.
Hope your initial letter of appointment letter head and relieving order letter head are same. In the absence of official transfer order you officially continue to be part of parent employer. Even if official transfer order was issued you are eligible for gratuity as continuity of service has to be there.
The Payment of Gratuity Act, 1972 (the Gratuity Act) is applicable to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments with ten or more employees.
I think this is a repeated thread. The same individual has already raised the same question in thread no. 614260 on 07-09-2019.
I have relieving letter issued from MTC on 30/09/2019 at which they have mentioned that i have been worked there from july -2006 to sep-2017.releiving signed by director of that company. Is it sufficient to proof that i have been worked there for 11 years.
Hi,
I think it would be strong supporting document. Please make a request for Gratuity.
Thankyou so much for your support sir.
Thankyou so much for your support sir. I have sent the application for gratuity to my mtc on 06/09/2019 and waiting for reply.
Let me know one thing sir ,Can i fight for not giving maternity leave now. Can i send legal notice to them for that. Actually when those things happen to me i was emotionally very weak.
Hi,
With regard to claim of maternity benefit, my observation since you had already you have left your job through voluntary resignation ( without any mention of denial of maternity leave? ) the possibilities are very remote. The only possible thing is you may raise it as a dispute before legal forum but your ex-employer will deny it as false allegations with a inner motive to defame. If you have valid proof wherein your maternity benefit is denied (some email correspondence or anything communicated in writing) that will hold good.
However please wait till you get Gratuity. Any untoward move from your end may aggravate your ex-employer and they will look for alternatives to deny your Gratuity.
Dear Sir,
My Gratuity Application received by my employer and they have called me for settle the matter. they told me that we are ready to pay you principle amount without any interest. but before we pay we require a letter of no dues from you. Is it right to give such kind of letter to them. please advice.
Regards
Anjali Kharpuse
Hi,
Good.
But it is almost two years you left your job. Strictly speaking your employer is bound to pay you Gratuity with interest. If you file a case before the Assistant Commissioner of Labour for claim of Gratuity with interest they have to strictly honour it.
Now it is up to you whether to accept the Gratuity principal amount alone or going to fight for Gratuity with interest which would take some time of course.
In either case please do not issue no due certificate from your end to your ex-employer before getting the payment. Once they release the payment issue them no due certificate after ensuring you got all your settlement including salary, leave benefits etc.
Also I suggest you to talk to your ex-employer /HR , explain them that though you have right to claim gratuity with interest through legal forum, doesn't want to complicate and hence ask them to come for a compromise and to settle with Gratuity with some lumpsum amount ( say 5000/- or 10,000/- based on your Gratuity amount) towards delayed payment. Try it. If they refuse accept the principal Gratuity.
Thank a lot for you kind support sir.
Sir,
I have replied to my employer on mail , that please release my gratuity with interest and also written them i will not sign full and final settlement declaration before got payment.
They have not replied my mail. what should i do.
Regards
Anjali Kharpuse
Hi,
In the absence of response for email communication please visit your employer office by person and have face to face interaction or send the communication through Registered Post with Acknowledgement Due.
As claimed by you, as your employer is willing to pay you the principal Gratuity, now it is your choice - whether to accept the Gratuity alone without interest or to fight. Interest part will be roughly 8% to 9% even if you file case with ACL of your juridiction. So based on the quantum of interest please decide and proceed further.
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