Dear Sir, I worked in a Private Limited company from 21.12.2012 to 12-05-2018. I also received my salary directly through RTGS/NEFT in a salary account (which was opened by the company for me in March 2013) at HDFC Bank. Now, after resigning, I asked the company's HR for gratuity, but he denied my request by stating that I was on the payroll as a trainee in the company until March 2014, after which they officially put me on the company's payroll, so the company is not liable to pay my gratuity amount. I requested a copy of the appointment letter with my signature, where it is mentioned that I was on the payroll or as a trainee, but HR has not provided it to me yet. I did not join as a trainee or on the payroll. I kindly request your assistance. What steps should I take in this matter? Is there another way to address this issue with the company's HR, or should I consider taking legal action?
Regards, Rohit Gohel
From India, Ahmedabad
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Regards, Rohit Gohel
From India, Ahmedabad
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Designation cannot be conclusive proof of a person's employment status. No employee could be a trainee for almost 15 consecutive months in an organization unless they were recruited only as a trainee under a scheme of training with a stipend. Therefore, notwithstanding the nomenclature as a trainee in the company records, such a person would be an "employee" as defined under the Payment of Gratuity Act, 1972. It is advisable to engage the services of an advocate and file a claim for gratuity before the Controlling Authority under the Act.
Thank you.
From India, Salem
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6108Thank you.
From India, Salem
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc