Am I Eligible for Gratuity After Being Terminated Without Notice? Seeking Advice

I have worked in the company for over five years, and the employer has terminated my services without any reason. It was a small company with 15+ employees. The employer never granted leave for more than twelve days throughout the five years. He never provided an appointment letter to anyone. Unfortunately, he only gave a pay slip for the last month before terminating me. The salary slip includes the date of joining. I claimed my gratuity four months after my termination. Please advise me if I am eligible for gratuity from the employer.

Regards,
K. R. Mathur

The Payment of Gratuity Act

The Payment of Gratuity Act is applicable to any establishment where ten or more employees are employed, or were employed on any day in the preceding twelve months. Gratuity shall be payable to an employee on the termination of their employment after they have rendered continuous service for not less than five years. Hence, you are entitled to gratuity under the act, provided you have worked 240 days in all these years.

Regards,
Rajendra Bhavsar
Manager (P&A)
Afcons Infrastructure Limited
Chennai Metro Rail Project, Chennai
[Phone Number Removed For Privacy Reasons]

You are entitled to gratuity, but I have a feeling that you are going to find it difficult to get it. You have no documents relating to the employment. The only thing you have is one single pay slip. I don't know if it is signed and has a stamp or something. I would not be surprised if the employer claims it is fake and was never issued by him. I suspect you are also not paid by cheque. However, please send him a letter asking for the gratuity. If he refuses or does not reply, then file an application with the gratuity authority. They will issue a notice to the employer, and in many cases, that does the trick.

Ensuring Gratuity Eligibility

If you want gratuity, ensure first that the payslip provided states the actual date of joining and that you have completed five years. If that information is not available, try to obtain it by submitting a request under the Right to Information (RTI) from ESIC and PF and then from the Controlling Authority. You can contact me at [Email Removed For Privacy Reasons].

I believe Himandini/KR Mathur should receive assistance in every way possible. Can you please provide evidence regarding how you received your salary—whether it was in cash, by cheque, or credited to your bank account? Additionally, please explain the circumstances of your termination, including any official orders issued to you. How can you verify your date of joining? Did you attend any interviews, and do you have any related correspondence such as letters, emails, or SMS messages? What about your PF account? Was your office contributing to your PF account?

Recommendations for Action

I recommend promptly submitting your Gratuity Claim using the appropriate form and ensuring it is acknowledged. You should also claim retrenchment compensation, leave encashment, and any other entitled benefits. Following this, consider sending a legal notice through a lawyer after a month and pursuing the matter through the relevant authorities.

Kind regards

Employment and Termination Details

I had been issued payslips for a few months only, as per my requirement, which were prepared by me showing the date of joining and other details. My salary was paid in cash during the five years of my tenure. Three times I received payment through cheques, with the last salary paid by cheque. I have been signing ESI & PF challans from the beginning, and all the details in the ESI and PF department have my name. This was a small company; hence, they did not provide any letter. I was let go suddenly, and the salary was paid after fifteen days. No termination or legal notice was served to me. All emails that I sent from the office to various buyers and vendors contain my name.

Thanks,

KR Mathur

Salary Documentation and Proof of Employment

Your occasional salary in a cheque is of no use in this case. The first few months' salary slip, if signed by your employer and sealed by the company, would be useful. Otherwise, he could claim it's fake. Additionally, having salary slips for a few months, he could argue that you left after that or had a service break in between.

Your PF records will be valuable as proof of your continuous work for 5 years. However, it raises questions if your company had PF with only 15 people.