Hi anyone tell me, I am working in one company join 15/6/2007 and I think 1 or 2 years later I leave PF & ESIC, and I have no appointment letter or any document, just I have salary slip. First, they give me a cheque & 1 year they are transferring my salary my account, and presently also dt: 12/11/2013 I am working in this company but I do not have prior ESIC or no appointment letter so tell me I can apply for gratuity if the company said no to me, then how can I do in future.
From India, Gold
From India, Gold
Dear Dhiraj,
You query is quite complicated as it is not clear.
On one hand you are saying that "you are working in an organization since 15/6/2007 and you are think 1 or 2 year later you will leave pf & esic", this is not clear; what it means..??
The thing which is clear and can be replied is that "you are working in an organization since 15/6/2007 but they didn't gave you any appointment letter and you have a salary slip of first month and they give you cheque then they are transferring your salary in your account till present", if I am getting right. Plz. correct, if there is any thing wrong.
In the above situation, as you service is now of 6+ years, you are eligible for gratuity. Your employer have not given you an appointment letter will not matter there, as you can say that they didn't gave you an appointment letter.
Firstly, as they paid your first salary through cheque and thereafter through bank transfer and you have a salary slip also, this is sufficient to prove that you was their employee.
Secondly, the pf & esi point you have mentioned is not clear, but if you are covered under ESI & EPF and you know your ESI IP No. and PF A/c No., then through this also you can prove that you are their employee.
Although, this is just your assumption that might be they will not pay you gratuity, but I don't think so; as they also know all the above facts. But, if still your employer denies to pay you gratuity, then you can firstly submit your Gratuity Claim through Registered Post with a CC to Labour Department (in whose ambit you location falls) and if they didn't settle your gratuity, then you can lodge a complaint under The Payment of Gratuity Act, to the Labour Department.
Hope this information will helpful to you. Be Happy.
From India, Delhi
162You query is quite complicated as it is not clear.
On one hand you are saying that "you are working in an organization since 15/6/2007 and you are think 1 or 2 year later you will leave pf & esic", this is not clear; what it means..??
The thing which is clear and can be replied is that "you are working in an organization since 15/6/2007 but they didn't gave you any appointment letter and you have a salary slip of first month and they give you cheque then they are transferring your salary in your account till present", if I am getting right. Plz. correct, if there is any thing wrong.
In the above situation, as you service is now of 6+ years, you are eligible for gratuity. Your employer have not given you an appointment letter will not matter there, as you can say that they didn't gave you an appointment letter.
Firstly, as they paid your first salary through cheque and thereafter through bank transfer and you have a salary slip also, this is sufficient to prove that you was their employee.
Secondly, the pf & esi point you have mentioned is not clear, but if you are covered under ESI & EPF and you know your ESI IP No. and PF A/c No., then through this also you can prove that you are their employee.
Although, this is just your assumption that might be they will not pay you gratuity, but I don't think so; as they also know all the above facts. But, if still your employer denies to pay you gratuity, then you can firstly submit your Gratuity Claim through Registered Post with a CC to Labour Department (in whose ambit you location falls) and if they didn't settle your gratuity, then you can lodge a complaint under The Payment of Gratuity Act, to the Labour Department.
Hope this information will helpful to you. Be Happy.
From India, Delhi
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