Grauity Non Payment

Sir
My employer is refusing me gratuity payment after my 6 yrs of service.They say now my performance was not satisfactory.I have put hem mails for my gratuity but they dont respond instead they write me now abt what all mistakes i have done in my work.I have given proper resignation with 1 month notice. I also received my releiving and experience letter. pls advice.

hi
u telling u have received the reliving letter in that they will mention the Date of join and date or leaving basing that and u mail letter again the proof if u reliving letter. stating that u r proceeding legally . even after is their no reply send a notice though lawyer then u will get u r gratuity.
regds

Thank you sir for your kind reply. I only want to assure that whether on basis of non satisfaction of performance do they have right to refuse my gratuity? The mails they write now abt my work is it relevant for payment of gratuity.
yes sir, in my relieivng letter date of joining and leaving is mentioned..

Reg: Non payment of gratuity
Employer can withhold gratuity of an employee in case any loss occurred due to negligence or in case of moral turpitude act, otherwise he has to pay-
satish B

As per the Payment Of Gratuity Act, 1972, you become eligible for Payment Of Gratuity. The Payment of Gratuity Act is applicable to the Companies/establishments where 10 or more persons are employed. The Companies has to give gratuity to the employees whoever completes 5 years of CONTINUOUS service in the company. However “Continuous Service” means uninterrupted service which may be interrupted on account of sickness, accident, leave, absence from duty without (not being treated as break in service), lay-off, strike, lock-out or cessation of work not due to the fault of the

employee.(Sec 2A). The employer can forfeited Gratuity {Sec 4(6)} where an employee has been terminated:

(i) for any act, willful omission or negligence causing any damage or loss to or destruction of any property belonging to the employer, to the extent of such loss or damage.

(ii) for riotous or disorderly conduct or any act of violence on his part.

(iii) For any act which constitutes an offence involving moral turpitude, provided the offence has been committed by him in the course of his employment.

If you have not fallen under the purview of these 3 points and you fit the bill accordingly. You are advised to get in touch with a layer for the same.

shrihari2720
Just file an application with the controlling authority (that is Astt.Commissioner of Labour) of the state in which your Unit/establishment is situated. Please mention in the application, your Date of joining (you may enclose copy of appointment letter also), Date of relieing (attach copy of relieving letter) and request the authority,for relief. Rest They will do.In case of failure at ALC Office, you may approach court of law (Labour Court).

Dear Sir,
In calendar year i.e. Jan to December, if your are present more than 240 days then you are eligible for gratuity..if your attendance is less than 240 days then the employer has rights to deny the gratuity.
It can be paid to the employee after the decision of "standing Committee" of the company.
Rgds,
Rahul

Dear,
You have asked a simple question - whether you are entitled to receive gratuity for the service of 6 years rendered before resignation/release.
Simple answer is - Yes. Your employer cannot deny payment of gratuity on fabricated grounds of unsatisfactory performance during service period for which he has not charged you earlier and imposed penalty for the misconduct, if any.
In case of denial of payment of gratuity, first of all send your claim in prescribed Form-I. The employer is liable to pay gratuity within 30 days of its being due, failing which interest is payable at prescribed rate after expiry of 30 days. For this you may file your claim with Controlling Authority under PG Act who is ALC under whose jurisdiction your earlier establishment comes.
Hope and wish you early payment.
AK Jain

Averil
Since your Company doesn't have any separate Terminal benefit scheme, naturally you are covered under the Payment of gratuity act, and you are eligible for the gratuity,provided you fulfill the eligibility norms under the Act. Non performance or satisfactory performance is not at all a criteria to deny your benefits.For this act of non performance, you have not been charged at all.It is only a frivolous charge. Please follow the method as advised by Mr.A.K.Jain, you will get your gratuity amount.

Hi

if you have put in five years of continuous service and relived you become eligible for payment of gratuity..

As per Section 7 (1) of PG Act : A person who is eligible for payment of gratuity under this Act [or any person authorised by him in writing , to act on his behalf] shall send a written application to the employer, within such time and in such form under sub-rule 2 of Rule-7 , as may be prescribed , for payment of gratuity , application can be made on plain paper giving relevant particulars .

Employer shall, whether an application referred to above for payment of gratuity or not the employer shall give notice to the persons whom gratuity is payable , and also to the Controlling Authority specifying the amount of gratuity payable.

if an employer refuses to receive the application, or refuses to issue a notice under rule 8 or having received an application, fails to issue notice as required under Rule 8 within the time specified ,

you may apply within 90 days ofthe occurance of cause , apply in FORM-N to the the controlling authority for issuing direction to the employer under sub-section 4 of section 7 .

RL Dhingra Advocate ,

Labour Law Consultant, Delhi

09818309937/ Email: [Login to view]