Gratuity - Doc Download - Gratuity Rules

santhoshmpkumar
Hi all I have already resigned from the company on 2008 Jan. But i couldn't get my gratuity til now.They are telling various reason when i ask them.is this allowed by the company rule or act? what action I can take to get my gratuity.
v.harikrishnan
Please give the following particulars
Date of joining
Date of leaving
Nature of activity of the company
Number of persons employed in the company.
santhoshmpkumar
thank you Harikrishnan sir for replay
i am dropping here other detail
date of joining 03-11-2000
6 month probation
basic pay 7500 when leaving
gross salary 29000
date of resign 10-01-2008
Animation Studio
around 500 persons while joining time
santhoshmpkumar
thank you Harikrishnan sir for replay
i am dropping here other detail
date of joining 03-11-2000
6 month probation
basic pay 7500 when leaving
gross salary 29000
date of resign 10-01-2008
Animation Studio
around 500 persons while joining time
v.harikrishnan
Dear Mr.Santhoshkumar
You are entitled to get gratuity at the rate of 15 days pay for every year of continuous service. In your case the number of years of continuous service is 7 years 2 months and 07 days. You are entitled to get gratuity for seven years at the above specified rates. One day wage is to be calculated by dividing the last basic plus dearness allowance by 26. I have assumed that during the period of service with your employer there was no break in the service rendered by you.
With regards
santhoshmpkumar
thank you sir
And i am very clear in your sincere replay. I have one more query regarding this issue. How many moth they can take to issue the gratuity? with in one month or one year after resign?
ramit_chd
Dear Mr.Santhoshmpkumar,
As per Payment of Gratuity Act 1972, Section 7 Sub-section 3, the employer is liable to release the amount of gratuity within 30 days. In case failure on his part, the controlling Authority (Asstt Labour Commissioner/ Labour Commissioner)may be contacted to determine the gratuity amount besides the damage (interest)for the delayed period. Application FORM ‘I’ to claim the Gratuity is given below;
ramit_chd
Subject - Re:Gratuity
Dear Mr.Santhoshmpkumar,
As per Payment of Gratuity Act 1972, Section 7 Sub-section 3, the employer is liable to release the amount of gratuity within 30 days. In case failure on his part, the controlling Authority (Asstt Labour Commissioner/ Labour Commissioner)may be contacted to determine the gratuity amount besides the damage (interest)for the delayed period. Application FORM ‘I’ to claim the Gratuity is given below;
1 Attachment(s) [Login To View]

santhoshmpkumar
thank you for replay
one more query regarding this. what is the the situation if employer terminated one person. Terminated guy is eligible for gratuity?
v.harikrishnan
depends on the reason for termination. if you need a view from me pls furnish full details
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute