Gratuity : 4 years 190 days
Karthik
(Querist) 28 May 2016
This query is : Resolved
Dear Experts,
I was working in a software company (IT enabled services) in Bangalore(9 hours * 5 days a week). My tenure with previous company was 4 years 195 days.
I have resigned and left the organization.
When I check with HR quoting the 4 years 190 days section for establishments works less than 6 days.
They replied stating that as per the shops and Establishment act they are registered they can operate all 7 days a week(IT enabled), hence 5 days whats you are suggesting is not applicable, this is just a privilege given to you, hence you are not eligible for Gratuity.
The company used to be functional on weekends since few team members(5%) will be working to complete their assignment and a compensatory off is issued for such attendance.
Please share your thoughts on this, if I am eligible where and whom should I contact.
Regards
Karthik.
Ajay Bansal
(Expert) 29 May 2016
Tell for how much period you got your salary.
Karthik
(Querist) 29 May 2016
I got the salary for all the month I worked 4 years 7 months
Kumar Doab
(Expert) 29 May 2016
It is felt that this query has been discussed.
The IT companies are granted exemption under the Act to align with timings of global clients.
The T&C of contract of employment signed with you is < 6days/week.
If you are unable to handle entrust to your able counsel.
Kumar Doab
(Expert) 29 May 2016
If you have been working 9hrs/day, on off days then you may claim OT as well
Karthik
(Querist) 29 May 2016
Thanks Kumar for your response. I went through the offer letter it says we operate 24*7 including Saturday and Sunday.. while everyone is working only Monday to Friday
Kumar Doab
(Expert) 30 May 2016
Your contract of employment is < 6days/week.
The commercial establishment might have obtained permission or granted exemption under the Shops & Estbs Act.........
Rajendra K Goyal
(Expert) 30 May 2016
Show all documents to local lawyer expert in service matters, discuss in detail.
Karthik
(Querist) 30 May 2016
Thank you All.. Will look for local labor consultant..
Kumar Doab
(Expert) 31 May 2016
IT/ITes companies employees have united and have affiliated with trade unions.
IT/ITeS companies were given many exemptions and incentives, waivers by the government and help them to flourish.
Involve many of the unions, also, that have done a good job.
