pooja-pawar1
My colleague left after nine years from my company. After finishing transition period he applied for gratuity. But My company told him during COVID pandemic that company gave salary from gratuity so he didn't get gratuity. So its fair or unfair with him please suggest.
From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Seasoned Ir Professional
Saswatabanerjee
Partner - Risk Management
Alok-singh1
Labour Law & Ir.

Madhu.T.K
4193

It is not only unfair but illegal to deny gratuity to an employee who left after spending 9 years. The employer cannot adjust salary against gratuity. If they had paid salary during lock down period, it is for the country and following the instructions of the government and you cannot treat it as future gratuity. Now the remedy is to apply in form I and wait for the response. If not paying, approach the controlling authority under Payment of Gratuity Act.
From India, Kannur
alok-singh1
78

Dear Pooja,
It is against the law, employer has no right to adjust gratuity amount elsewhere. employer has to pay as per the Gratuity Act. Suggest him/her to approach the nearest Labour Department or Labor Enforcement Officer. There is no issue in your case that the employee is eligible for gratuity benefit and the employer has to pay as per Gratuity Act.


saswatabanerjee
2383

It is evidently a fraudulent act by the employer.

Your friend is entitled to gratuity due respective of the payment of salary during Covid that is salary and has nothing to do with gradually. In fact, he is entitled to gratuity even for the Covid period because he worked for the company at that time.

Since the company has already denied to pay the gratuity amount, and I assume they have put it in writing, there is no need to file the form. I and he should directly go to the authority under graduate act (labour commissioner) and file a complain for not receiving gradually.

From India, Mumbai
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