Hello, I have resigned from my company after 7 years of continuous service. Am I eligible for gratuity since they say I am not due to not serving notice? I quit because of issues with work-life plus advancing cataracts. I sent emails, and they responded to the emails stating to meet in the office. I did and the CEO informed me that he cannot pay. This was verbal. Nowhere have they given this in writing. Please advise on my options.
From India, Bengaluru
From India, Bengaluru
You have to approach the Controlling Authority under the PGA (Labour Officer) and submit an application in the prescribed format. (Format I as per Karnataka Rules, I presume you are covered by it) and personally explain the situation. You are eligible to get gratuity, most likely 105 days salary.
From India, Mumbai
1530From India, Mumbai
Hi,
Make a formal request for Gratuity in writing and await for the response from the employer. In case no positive reply you may approach Assistant Commissioner of Labour of your jurisdiction for intervention and justice.
From India, Madras
Make a formal request for Gratuity in writing and await for the response from the employer. In case no positive reply you may approach Assistant Commissioner of Labour of your jurisdiction for intervention and justice.
From India, Madras
Hello All,
Thank you for the update. To clarify, I had send application for gratuity via email, three or four times. The CEO replied to email but did not mention gratuity. He asked me to meet him. I did so and the refusal was done verbally in the meeting the reason being no notice was given.
My question is: Is notice period mandatory for payment of gratuity?
Or is this being made up because they did not want to pay.
Thank you in Advance
Deepak
From India, Bengaluru
Thank you for the update. To clarify, I had send application for gratuity via email, three or four times. The CEO replied to email but did not mention gratuity. He asked me to meet him. I did so and the refusal was done verbally in the meeting the reason being no notice was given.
My question is: Is notice period mandatory for payment of gratuity?
Or is this being made up because they did not want to pay.
Thank you in Advance
Deepak
From India, Bengaluru
Notice period applies only to employees who had functional responsibilities and authorities of a manager and it is not a blanket application through out the employees. Moreover, no employer can forfeit or refuse gratuity on the ground of non serving of notice period. Gratuity can be forfeited for reasons as provided under section 4(6) of the Payment of Gratuity Act. That section is applicable when an employee is dismissed from service for a misconduct involving moral turpitude or misconduct of causing loss to the company by the gross neglect or destruction of company properties by violent behaviour. Nothing of these will apply to you and, therefore, as suggested by KK, you may send an official complaint to the Controlling Authority in form N. If your establishment has branches outside one state, then the Controlling authority will be the Asst. Labour Commissioner (Central) and if your operations are confined only to one state, then the authority to decide such cases the officer of the State Labour department is the appropriate authority. The attached is a draft of form N.
From India, Kannur
From India, Kannur
If your company is having branches in more than one state then Central Government is the appropriate government under the Payment of Gratuity Act. Therefore you need to apply to the Assistant Labour Commissioner (Central) having office in Yashwantpur, Bangluru. If your company is a factory or not having branches in more than one state then you need to apply to the Assistant Labour Commissioner of State of Karnataka having office in Bangluru. Before that you need to apply to your employer in Form I. If employer failed to pay gratuity within 30 days then you may file your application in Form N before the Controlling Authority of the appropriate government (Central or State) Mostly the Controlling authorities are of Assistant Labour Commissioner rank officer.
From India, Pune
From India, Pune
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc