Gratuity
jyoti bhagchandani
(Querist) 01 August 2015
This query is : Resolved
I was working at the post of general manager since 33 years in the hotel. I was terminated without any information and notice. I worked at a salary of 21,000 per month. I was not paid any allowances.I had not taken any weekly off since 28 years.On duty, i was seriously attacked(Attempt to murder).I had done overtime, continuously for 12 hours. i wasn't paid for it as well. There are around 21 staff employees.No PF was deducted. Kindly calculate my gratuity amount and get me acknowledged what else I can claim to the hotel management. Thanks
Guest
(Expert) 01 August 2015
You simply apply for the gratuity. It is the duty of the management to calculate gratuity as per law. Take payment, only then ask whether the gratuity amount was as per the provisison of law or not. Otherwise, if you want to mere calcualtion that any accountant of your hotel can do so for you as you have already rendered 33 years of service in their company.
jyoti bhagchandani
(Querist) 02 August 2015
What about my overtime and my weekly off... Kindly get me know what to do. The hotel management isn't agreeing to pay me the gratuity amount for 33 years.... They are just paying me 70,000
Rajendra K Goyal
(Expert) 02 August 2015
You should claim your gratuity as per provisions of the law. Submit the required form to management after signing it.
Have you ever claimed your overtime? Whether your appointment letter permit it. Being a GM have you ever confirmed that the PF of the staff including you is being deposited with EPFO? Generally the officers of General Manager rank are not entitled for overtime.
P. Venu
(Expert) 02 August 2015
General Manager and a salary of Rs. 21,000? I am afraid, ou are making an understatement.
jyoti bhagchandani
(Querist) 02 August 2015
Its a budget hotel so my salary as a GM is Rs 21000. I had a word with my hotel owner and he told that after concerning his Hr manager the amount he is liable to pay is only 70000 which is very less as per my calculations according to the standard gratuity formula i.e 399807 and according to my advocate the same amount should also be paid as my compensation amount bcoz I was terminated without notice and I still have 2 years of my service left as the retirement age is 60.
T. Kalaiselvan, Advocate
(Expert) 11 August 2015
Since you've already engaged an advocate, you may go by his advise, if you find his opinion not favoring your thoughts, you may change the advocate who suits your taste.
