Gratuity [Thread 306831]

Hi,
The procedure of graturity calculation is on the basis of his minimum period of service should be 5 years with pay role.Apprentice is only stipend not salary. so, there is no scope for giving graturity.

Dear ,
apprentice period is not count in calculation of gratuity period so for above case he is not aligible for gratuity.
jatin prajapati

supose any employee 7 year work and organization say we are not provide Gratuity than ........??????????

Very simple, file a petition before the Controlling Authority under the Payment of Gratuity Act, ie, the District Labour Officer, Dy. labour Commissioner or Asst. Labour Commissioner (Central), as the case may be, for intervention and recovery of gratuity from the employer. Please find the attachment.
Madhu.T.K

Dear Mr Vivek, Firstly you have to submit your Gratuity claim application Form to your Employer in writing.Gratuity to be paid within 1 Month from the date of leaving Service.From your post it appears that neither you have submitted your claim in writing nor Employer rejected your claim in writing.

Vivek says that an employee has worked for 7 years and the employer refuses to pay gratuity then also the employee has to submit claim application? If yes, then please wait for another one month filing an application in form I attached.
Now, for your information I would like to say that it is the responsibility of the employer to pay gratuity within one month of employee leaving the organisation even if the employee has not demanded the same. That means it becomes the responsibility of the employer to find out the employee and pay gratuity and as such any request in form I is not mandatory on the part of employee.
I also attach application to be submitted to the controlling authority if the amount payable is known and if the employer is not making the payment even after directions from the Labour department.
Madhu.T.K

Dear Madhu Sir,
I fully agree with your views.But, in this particular case, we are not sure on what grounds Employer is refusing Gratuity.Further, we are not sure whether The Payment of Gratuity Act, 1972 is applicable to the Establishment? i felt before approaching the Controlling Authority, there should be material evidence of refusal of Gratuity Payment.Further, as an Employee, he also should exercise his duty of submitting his claim in the Prescribed Form.Of course, not submitting claim can not be the ground for withholding Gratuity