Denied Gratuity and Bonus After Leaving Pharma Job: How Can I Claim My Dues?

Worked for the pharma industry for a reputed firm from Jan '94 to June '00 and was denied gratuity and bonus at the time of leaving. Job confirmation was received in Dec '95. The company states that since I didn't complete 5 years of service, I am denied these payments.

Seeking Dues from the Company

I want all dues from the company. How should I proceed, and what procedures do I need to follow? Last year, I visited the office campus personally, and HR assured their support, but there has been no response from their end.

As per your statement, you joined the company in January 1994, with service confirmed in December 1995, and resignation in June 2000. I am curious about the capacity in which you served the company from January 1994 to November 1995, which is almost two years. During this period, it seems likely that you may have worked as an apprentice or trainee, where your employer did not consider this time as part of your service. In some companies, the period of apprenticeship or traineeship is not factored into the calculation of total service. Only the date of confirmation is taken into account.

Therefore, according to your company's policy, it appears that you did not fulfill the requirement of completing five years of continuous service from the date of confirmation in December 1995. Had you continued your service until the end of December 2000, you might have been eligible for gratuity as per the act.

Regarding other outstanding amounts such as unpaid salary, bonuses, etc., that need to be settled, I suggest reaching out to your HR department to address these matters promptly by submitting another representation.

Regards,

Gratuity Eligibility and Calculation

It should be the date of joining and not the date of confirmation that should be considered for deciding the eligibility and calculating the amount of gratuity. It is okay if the training period was an apprenticeship under the Apprentice Act, but in a pharma company, I don't find any scope for apprenticeship training.

The companies can't have their own rules for the payment of gratuity and other statutory payments like bonuses. It is settled law that the period of training other than apprenticeship training should be considered as the service period for all purposes, like gratuity, bonus, leave with pay, contributions, and coverage under PF, ESI, etc., and there cannot be any exception to it also.

It is surprising that the claim for gratuity is not made even after 14 years of your leaving the organization. However, the obligation to pay is on the employer, and therefore, if you file a complaint before the appropriate authority, you will get it with interest.

Bonus Payment Considerations

Regarding the payment of the bonus, since it is based on the profitability of the company and the employer is under no liability to pay a bonus to employees whose salary is more than Rs 10,000 (it should be Rs 3,500 in the year 2000, I think!!), you cannot take it as a right.

Attached is the form N which may be filed before the Controlling Authority, Labor Officer in the jurisdiction of your company.

Regards,
Madhu. T.K

As per Mr. Anil's post, he joined there in Jan 1994, and his service was confirmed in Dec 1995. His joining should be considered if he received a joining letter in Jan 1994. However, I don't think he has any joining or appointment letter to prove that he joined in Jan 1994. It seems like he appeared for an interview, and after that, they asked him to start the next day. He worked for over a year and a half without any formal documentation. It was only after this period that he received an appointment letter dated Dec 1995. This situation, although not confirmed, seems to be a common occurrence in many companies.

Of course, he could file a complaint with the controlling authority. Still, I believe it may not be advisable to do so for a small amount. It might be better to resolve the matter amicably if he can provide evidence of joining in Jan 1994. Without proof of joining in Jan 1994, he may struggle to substantiate his claim before the controlling authority.

The company's intentions appear evident as the unpaid amount persists even after 14-15 years. It seems he lacks evidence to support his claim of joining in Jan 1994. The individual in the HR department at that company is unlikely to overlook such details, suggesting there could be an issue with his appointment letter that remains undisclosed to us.

Kind regards

Proving Employment and Salary Records

It is true that the onus to prove lies with the employee, but there should be something in the payroll or accounts books of the company that shows he was paid salaries from January 1994. That is sufficient to prove his employment with the company. In case of disputes, he can very well require the company to produce the records, and the employer will have to produce it subject to rules governing limitations and the periods for which the books are required to be maintained.

Regards,
Madhu.T.K