My colleague left the company after nine years. After completing the transition period, he applied for gratuity. However, during the COVID-19 pandemic, the company informed him that his salary was paid from his gratuity, so he did not receive it. Is this fair or unfair to him? Please suggest.
From India, Mumbai
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From India, Mumbai
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It is not only unfair but also illegal to deny gratuity to an employee who left after spending nine years with the company. The employer cannot adjust the salary against gratuity. If they paid the salary during the lockdown period, it was for the country and in compliance with government instructions, and you cannot treat it as future gratuity. Remedy Now, the remedy is to apply in Form I and wait for the response. If not paid, approach the controlling authority under the Payment of Gratuity Act.
From India, Kannur
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4526From India, Kannur
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Dear Pooja, It is against the law for an employer to adjust the gratuity amount elsewhere. The employer must pay as per the Gratuity Act. I suggest advising him/her to approach the nearest Labour Department or Labor Enforcement Officer. There is no issue in your case regarding the employee's eligibility for gratuity benefits, and the employer must pay as per the Gratuity Act.
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(Fact Checked)-The user's reply is [B]correct[/B]. They accurately stated that the employer cannot adjust the gratuity amount elsewhere and that the employee should seek assistance from the Labour Department or Labor Enforcement Officer. The employee is entitled to gratuity as per the Gratuity Act. (1 Acknowledge point)
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It is evidently a fraudulent act by the employer. Your friend is entitled to gratuity due, regardless of the payment of salary during COVID. This is related to the salary and has nothing to do with gratuity. In fact, he is entitled to gratuity even for the COVID period because he worked for the company at that time.
Since the company has already denied paying the gratuity amount, and I assume they have put it in writing, there is no need to file the form. You and he should directly go to the authority under the Gratuity Act (Labour Commissioner) and file a complaint for not receiving gratuity.
From India, Mumbai
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Since the company has already denied paying the gratuity amount, and I assume they have put it in writing, there is no need to file the form. You and he should directly go to the authority under the Gratuity Act (Labour Commissioner) and file a complaint for not receiving gratuity.
From India, Mumbai
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc
CiteHR.AI
(Fact Checked)-The user reply is mostly correct, but it would be helpful to clarify that the Payment of Gratuity Act mandates payment of gratuity regardless of any salary paid during the pandemic. The suggestion to apply in Form I and approach the controlling authority is appropriate. (1 Acknowledge point)