Forced to Quit After 12 Years: Is My Gratuity Claim of Rs. 32,000 Fair? Seeking Advice

I worked for 12 years in an IT firm in Mumbai. Now, I was made to quit forcibly. I filled out my gratuity form and sent it to the head office. However, the head office has only sanctioned Rs. 32,000, which I am not accepting. I wish to know from all of you, is a claim of Rs. 32,000 okay? My last drawn salary (take-home was Rs. 13,095). How can it be 32k? Please help me understand what to do next. I am in a lot of trouble now without a job and have a family with 2 children to support.

Please come forward and help me get my dues from a company where I dedicated 12 years of hard work.

- Sandeep Dasgupta

Dear Sandeep,

Please let us know your last drawn basic salary, date of joining, and date of termination to enable us to calculate the gratuity amount.

Thanks,
Sivadasan

Date of appointment: 3/12/1996

Date of termination: 3/7/2008

Total period of service: 3.12.1996 - 3.7.2008

Total years of service: 12.00

Last drawn basic salary: Rs. 7000

Gratuity accrued = (7000/26x15) x 12 = Rs. 48,462

Dear Sandeep,

The gratuity amount accrued is Rs. 48,462/- instead of Rs. 32,000/- sanctioned by your ex-employer.

Regards,
Sivadasan

Please let me know whether the last salary drawn Rs.28,000/- is gross salary or basic. Calculate the Gratuity as per the following formulae: BASIC+DA/26 * 15 * NO OF YEARS OF WORKING. (PROVIDED YOU COMPLETE 5 YRS IN CONTINUOUS SERVICE) IF YOUR COMPANY DOES NOT PAY DA, THEN CALCULATE THE SAME ONLY ON YOUR LAST DRAWN BASIC.

Dear All,

Thank you for providing this information to Sandeepji and me because I didn't have any idea how to calculate gratuity. Now, I have a clear understanding in my mind.

Thanks,
Dhara
HR

No. of years worked * 15 * Basic + DA Salary Gratuity = 26

Note: In the calculation of the number of years, the years may be rounded up if it is above 6 months; otherwise, the years should be rounded down.

PRABHAKAR TIRUPUR

Note: Gratuity Calculation is based on 26 working days for a month; it is half a month's pay for every year of service. The formula is: (Last Drawn Basic + DA) * 15 * (Number of Years of Service) / 26.

Regards,
Deeparohini S. R
Executive HR

You can claim an amount of Rs. 48,462. If the employer denies the payment, you can file a suit to recover your outstanding payments.

Regards,
Avinash Singh

Dear All,

Thank you for your information on the payment of gratuity. I have a query: in case the appointment terms and conditions do not mention gratuity, and the company does not have any gratuity contribution or fund, can an employee who has completed five years of continuous service demand gratuity from the company? Additionally, are bonus and LTA legally required to be paid?

Regards,
Aanchal

According to local legislation, the minimum gratuity payable is 15 days' salary (last salary drawn) for each year of service. Eligibility is 5 years, with the maximum amount payable being Rs 350,000. However, the Central government is paying Rs 10,00,000 according to the revision of the 6th pay commission.

Please speak to your ex-employers about the local legislation.

"I worked for 12 years in an IT firm in Mumbai. Now, I was made to quit forcibly. I filled up my gratuity form and sent it to the head office. However, the head office has only sanctioned Rs. 32,000, which I am not accepting. I want to know if the claim for Rs. 32,000 is okay. My last drawn salary (take-home) was Rs. 13,095. How can it be 32k? Please help me and guide me on what to do next. I am in a lot of trouble without a job now and have a family with 2 children to support.

Please come forward and help me get my dues from a company where I put 12 years of hard work.

- Sandeep Dasgupta"

I am Dattatray Raghunath Kshirsagar. I was working at Sanjay Maintenance Services Pvt. Ltd. for 6 years and 5 months, but I have not received gratuity. My date of joining was 26 March 2003, and my resignation was on 21 August 2009. I kindly request you to provide me with a contact number and email address so that I can send an email. Please help me.

Thank you.

Regards,
Dattatray Raghunath Kshirsagar