Labour Law & Hr Consultant
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Hr Executive

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Dear All, i worked as Hr in an garments manufacturing unit, i worked for 3years and resigned,
while i was working the settlement are made with basic+da in that,
EL,gratuity,Bonus are calculated and paid to them who are worked above the 6month of service,
but now the company saying as per the law gratuity will not be taken into account who ever below 5 years of service,
my settlement amount is getting low ,
pls advcie any one for this.

From India, Madras
Dear Hari,
Your statement that you worked as a HR person in the said establishment would show that you are well-aware of the Labor Laws like the Payment of Gratuity Act,1972. Then how can you put a claim for gratuity on your resignation just after rendering 3 years of continuous service in the same establishment?
Your statement of working out a settlement previously for payment of Gratuity on termination of employment even over and above 6 months service cannot be considered in your case unless the details such as the circumstances leading to such a settlement, the type of the settlement, the class of Employees covered etc., are furnished along with the copy of the settlement.

From India, Salem
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