Respected learned seniors,
I have a query as an HR personnel from my last company, where I resigned on 08/05/2024 and joined a new one. The previous company is a non-profit organization (Eye Hospital) controlled by a group of monks and is a type of NGO.
Gratuity Payment Eligibility
The query is related to gratuity payment eligibility. My senior always insisted on paying gratuities to resigned or retired staff members from the day they are selected under a contractual role, not from the date they were selected under a trainee or probationary role. I have tried to convince my senior many times that gratuity depends upon continuous service without a break (where probation, contract, or permanent status does not matter). However, as an HR personnel, I had to calculate my own gratuity from the contractual date itself and submitted the same for approval. By doing so, I had to forego a significant amount of my gratuity.
In addition to an application, I have also submitted Form I for the claim (they were unaware of Form I, though), but more than one month has passed, and I am still yet to receive the same.
Your valuable advice on whether I am correct or wrong is required.
From India, Bhubaneswar
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I have a query as an HR personnel from my last company, where I resigned on 08/05/2024 and joined a new one. The previous company is a non-profit organization (Eye Hospital) controlled by a group of monks and is a type of NGO.
Gratuity Payment Eligibility
The query is related to gratuity payment eligibility. My senior always insisted on paying gratuities to resigned or retired staff members from the day they are selected under a contractual role, not from the date they were selected under a trainee or probationary role. I have tried to convince my senior many times that gratuity depends upon continuous service without a break (where probation, contract, or permanent status does not matter). However, as an HR personnel, I had to calculate my own gratuity from the contractual date itself and submitted the same for approval. By doing so, I had to forego a significant amount of my gratuity.
In addition to an application, I have also submitted Form I for the claim (they were unaware of Form I, though), but more than one month has passed, and I am still yet to receive the same.
Your valuable advice on whether I am correct or wrong is required.
From India, Bhubaneswar
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Hi, you can follow up with them for gratuity payment through phone or in person. In case of extraordinary delay or if there is no proper response, you may appeal before the Assistant Commissioner of Labour in the jurisdiction of your last company.
Yes, you are right—for the purpose of gratuity calculation, it should be calculated from day one of joining, and you can raise this issue as well before the Assistant Commissioner of Labour.
From India, Madras
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1016Yes, you are right—for the purpose of gratuity calculation, it should be calculated from day one of joining, and you can raise this issue as well before the Assistant Commissioner of Labour.
From India, Madras
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