Is My Company Violating Gratuity Laws? Seeking Advice on Eligibility and Legal Steps

Hi Sindhu, I worked with a private company for the last 5 years. During the period of my employment, they did not deduct any amount from my account as gratuity. I am a permanent employee of that company, and they do deduct PF. I have five years of experience and a relieving certificate. Unfortunately, our company does not adhere to the gratuity act and does not provide gratuity to its employees. Additionally, they denied my last month's salary citing a fund shortage.

Eligibility for Gratuity

Could you please advise me on whether I am eligible for gratuity? What are the legal formalities involved? To whom should I address my concerns regarding my last November salary and gratuity legally?

Thank you, Sindhu

No company will deduct for gratuity. Can you please tell how many employees are employed in the company? You can approach the labor department at Coimbatore if they are denying it.

You are eligible for gratuity. Before approaching any authority, kindly request your previous employer to pay the gratuity. If they do not pay within 30 days, please contact your area Labour Commissioner with the relevant documents.

Regards,

In that case, you should speak to the concerned person at that office. Keep records of the joining report, appointment letter, experience letters, and other relevant documents. It is always better to end the relationship smoothly. If they are unwilling to pay you, then you can proceed to take the final steps.

You are requested to go through the below-given link. The answer to your query is provided in it.

Gratuity is not a contributory scheme. Mr. Jeevarathnam rightly said that no company deducts any amount for gratuity.

Link: https://www.google.com/url?q=https:/...QX6d-hl-Ivk1mw

Regards

Number of employees is immaterial for the applicability of the Act. If the PF was being deducted, then it was an establishment—an office of profit. By RPAD, send the completed gratuity claim form—'Form I'—with a covering note mentioning your name, designation, DOJ, and DOL. Wait for 3 weeks if the office is nearby. If no response is received, send a reminder by RPAD and wait for another 3 weeks. If there is still no response, write to the government labor officer with copies of these documents.