Sir I have resigned from company after working for 12 years. I told my company to give me gratuity they refused saying there is no agreement between us for gratuity. just tell me I am eligible for gratuity or not? My company giving salary without any deduction, no Pl no cl no pf deduction.
From India, Mumbai
Dear Mr Y Ravi,
Yes you are eligible for the gratuity. I recommend you filling the Form 1 of Gratuity Act and handing it over the HR Department. Obtain the signature on the photocopy of the form. If HR refuses to sign, then send it by the Speed Post with acknowledgement due. Preserve the receipt from the Post Office.
If no communication is received after one month then send a reminder by email as well as by speed post. If still nothing happens then approach this forum for the further advice. However, if you are required to approach this forum, then do not start a new thread but write a new post on this thread only.
Dinesh Divekar

From India, Bangalore

Hi Hope your company has more than 10 employees to fall into the category of must pay company. Further details to be followed as indicated by our learned friend Mr Dinesh. Thanks and Regards
From India, Hyderabad

If you company is covered under Payment of gratuity Act,there is no need for any seperate agreement for gratuity entitlement.
Law gives you the right to get gratuity.
Submit necessary forms to the company by hand or speedpost and get acknowledgement.
Read Section 4 of the Payment of Gratuity Act.
Sec 7 of the same Act is also worth reading.
Once you read it you will understand time limit by which employee is to be paid(30days)
You are entitles for simple interest in case of delay in payment also.
So without delay write and submit the forms to your company and maintain documentation of the claim with dates,receipt at employer office etc.

From India, Pune

Adding to what Mr.Nathrao's post, please go through the following:
Section: 4
Payment of gratuity.
(1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, -
(a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease:
Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement:
Provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.]
Explanation. : For the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he, was capable of performing before the accident or disease resulting in such disablement.
(2) For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days wages based on the rate of wages last drawn by the employee concerned.

From India, Aizawl
I have sent gratuity application letter to my company by speed post and also meet labour commission er told him about my pending gratuity, bonus and PL for 12 years. He contacted my director on mobile for query my director give false statements he paid gratuity with salary and after told me next week both (my director with all records) to come at Labour office after getting letter from Labour office. He also told me to prepare amount for all pending PL, gratuity and bonus for 12 years. After next day my director call me to come office on Sunday. My question is that should I meet my director? How prepare bonus for last 12 years? And also PL for 12 years. My company not giving me salary in basic, ta, da, hra, Only in one amount. Pls reply
From India, Mumbai

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