Hi, I have completed five years in a startup company recently. Now I have a new opportunity from an MNC, and I will be shifting this month. When I asked my manager about gratuity, he said we didn't have any provision for gratuity, and we haven't deducted any amount on account of gratuity. Ultimately, they are denying to pay. Seven to eight months earlier, we had a business meeting where HR gave a presentation about new policies and other things. She mentioned gratuity benefits to the eligible employees. I just wanted to confirm if the company has to pay gratuity mandatorily to the employee who has completed 5 years or if it is not mandatory. Please advise.
Thanks, Sachin
From India, Pune
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Thanks, Sachin
From India, Pune
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(4) It shall come into force on such date as the Central Government may, by notification, appoint.
From United Arab Emirates, Dubai
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42From United Arab Emirates, Dubai
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(4) It shall come into force on such date as the Central Government may, by notification, appoint.
From United Arab Emirates, Dubai
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From United Arab Emirates, Dubai
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The company required to pay you the gratuity provided it employs or had employed 10 persons or more.
From India, Kochi
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From India, Kochi
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Dear, due to some technical issue, my post is incomplete. Anyhow, legally, you are eligible to get gratuity. If any employee has completed 4 years & 240 days of continuous services, legally, he is eligible to get Gratuity. The employer cannot deny to pay the same. Must follow the post of 
. (The company has employed 10 persons in the preceding 12 months).
From United Arab Emirates, Dubai
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From United Arab Emirates, Dubai
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Steps to Claim Gratuity
Inform your HR manager that you have checked with your lawyer and have been advised that you are entitled to gratuity. Advise her to consult with the company lawyer and then respond.
You could also complete the gratuity claim forms and send them by registered post to the company to claim your gratuity. In the accompanying note, mention that according to the law, they are required to make the payment within a certain number of days. I am confident that someone will assist you with the correct procedure. If not, you can search the thread for information on gratuity.
Regards
From United+States, San+Francisco
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Inform your HR manager that you have checked with your lawyer and have been advised that you are entitled to gratuity. Advise her to consult with the company lawyer and then respond.
You could also complete the gratuity claim forms and send them by registered post to the company to claim your gratuity. In the accompanying note, mention that according to the law, they are required to make the payment within a certain number of days. I am confident that someone will assist you with the correct procedure. If not, you can search the thread for information on gratuity.
Regards
From United+States, San+Francisco
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"When I asked my manager about gratuity, he said we didn't have any provision for gratuity, and we haven't deducted any amount on account of gratuity. Ultimately, they are denying to pay.
You are entitled to gratuity. Your manager is ill-informed when he says they have not deducted anything for gratuity. The company is not expected to deduct anything from the employee for gratuity. It is a liability for the company to pay."
From India, Pune
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You are entitled to gratuity. Your manager is ill-informed when he says they have not deducted anything for gratuity. The company is not expected to deduct anything from the employee for gratuity. It is a liability for the company to pay."
From India, Pune
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You may send the gratuity claim form through registered post. They have to pay your gratuity amount within 30 days as per the rules. It's the employer's responsibility to pay gratuity to eligible employees.
Please provide more details such as Date of Joining (DOJ), Date of Leaving (DOL), and last drawn salary of Basic + Dearness Allowance (DA) for greater clarity.
Regards,
A. Selvaraju
From India
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Please provide more details such as Date of Joining (DOJ), Date of Leaving (DOL), and last drawn salary of Basic + Dearness Allowance (DA) for greater clarity.
Regards,
A. Selvaraju
From India
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Section 1 of the Payment of Gratuity Act, 1972
Section 1 of the Payment of Gratuity Act, 1972 provides the answer:
1. SHORT TITLE, EXTENT, APPLICATION AND COMMENCEMENT.
(1) This Act may be called the Payment of Gratuity Act, 1972.
(2) It extends to the whole of India: Provided that in so far as it relates to plantations or ports, it shall not extend to the State of Jammu and Kashmir.
(3) It shall apply to:
- (a) every factory, mine, oilfield, plantation, port, and railway company;
- (b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
- (c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.
From India, Kochi
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Section 1 of the Payment of Gratuity Act, 1972 provides the answer:
1. SHORT TITLE, EXTENT, APPLICATION AND COMMENCEMENT.
(1) This Act may be called the Payment of Gratuity Act, 1972.
(2) It extends to the whole of India: Provided that in so far as it relates to plantations or ports, it shall not extend to the State of Jammu and Kashmir.
(3) It shall apply to:
- (a) every factory, mine, oilfield, plantation, port, and railway company;
- (b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
- (c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.
From India, Kochi
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc