We are a group of people who have served in one of the engineering services organizations for different tenures. We were not paid the gratuity and other dues (bonuses) after leaving the company. Although we are planning for legal action, we want to know if we can make this issue public (such as creating a blog, threads, etc.). Would we face any legal complications if we do so? Kindly give suggestions.
Regards
From India, Thane
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From India, Thane
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Legal Considerations for Unsettled Gratuity and Benefits
Making this issue a public matter is not recommended at all because that can adversely affect your career in various ways. If the gratuity and other benefits have not been settled, you have other courses of action. You may proceed legally by filing a claim through the Labour Department.
Eligibility for Gratuity and Bonus
First of all, ensure that you are eligible for gratuity as it is available to those who have served at least five years in an organization. For statutory bonus, there are also specific conditions for eligibility. For example, only those who have been receiving a salary of not more than Rs 10,000 are eligible, and they should have worked at least 30 days during the financial year.
Regards,
Madhu.T.K
From India, Kannur
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4526Making this issue a public matter is not recommended at all because that can adversely affect your career in various ways. If the gratuity and other benefits have not been settled, you have other courses of action. You may proceed legally by filing a claim through the Labour Department.
Eligibility for Gratuity and Bonus
First of all, ensure that you are eligible for gratuity as it is available to those who have served at least five years in an organization. For statutory bonus, there are also specific conditions for eligibility. For example, only those who have been receiving a salary of not more than Rs 10,000 are eligible, and they should have worked at least 30 days during the financial year.
Regards,
Madhu.T.K
From India, Kannur
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Thank you for the valuable suggestion. We are all eligible for gratuity as we have all served the organization for more than six years. Additionally, our basic salary was less than Rs. 10,000.00, so we are also eligible for the bonus.
Regards,
Javed
From India, Thane
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Regards,
Javed
From India, Thane
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I advise you to proceed with the matter with the intervention of the Labour Department. To start, you may send a written representation to the employer along with a claim for gratuity in Form I. In the cover letter, you can state that the amount remains unpaid despite several months of leaving, whereas the employer is liable to pay gratuity within 30 days. If you do not get a reply, then meet the Officer of the Labour Department, who is the appropriate authority under the Payment of Gratuity Act and also the Payment of Bonus Act. I am sure a settlement will come.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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