Am I Eligible for Gratuity Without an Appointment Letter After 6 Years of Work?

Hi, I am Nilesh. Over the last 6 years, I have worked at a Nashik-based private company with about 55 employees. I do not have an appointment letter or confirmation letter, but my salary is deposited online into my Bank of Maharashtra salary account. Additionally, my PF contributions are regularly deposited, and I have a UAN number.

My question is, am I eligible for gratuity? And if my employer refuses to pay gratuity, can I take legal action against them?

Hi Nilesh,

All registered firms have to provide employees with benefits, and gratuity is one of them. You will be eligible to receive gratuity only if you complete five years of work tenure with the organization.

Hi Nilesh,

Greetings of the day!

Ask your employer to provide you with a salary certificate for bank loan purposes, as you do not have any written proof available. After receiving the salary certificate, you can proceed to claim your gratuity.

You are eligible to claim the gratuity amount as you have completed five years of continuous service with one organization.

Thank you.

Clarification Needed for Gratuity Eligibility

It is not clear from your post the following:

1. Are you still working, or have you left the job?
2. Have you submitted any application to your company for payment of gratuity?
3. What were your date of joining and date of leaving?
4. What was the nature of your work?
5. Have you worked 240 working days in every calendar year (excluding paid days)?

Please write to your employer with full details of your designation, date of joining, and date of leaving. Inform them that you are entitled to gratuity payment as per the act, and therefore request the release of the payment.

You may also attach your bank statement or a photocopy of your passbook duly attested by you as evidence that you were receiving a salary/wage from them since your joining time.

If you anticipate that your employer may not respond to your request, you may send a copy of that letter to the Labour Officer of your company's jurisdiction along with photocopies of your bank statement and any other evidence you have, such as an identity card, attendance card, salary slip, and PF account statement, etc.

If the information you provided in your post is accurate, you should be able to obtain the gratuity payment by presenting the aforementioned documents/evidence.

Regards, Suresh