Gratuity eligbility
Manan
(Querist) 03 March 2015
This query is : Resolved
I am working in the one IT company since 11-May-2010 and i have resigned on 25-Jan-2015 and my last day of company will be 25-Mar-2015. Till today i have completed 4 years, 9 months, 21 days .So whether i am eligible for gratuity ? I have gone through many blogs some says i am eligible . If i am eligible then please help to get some legal document which says that i am eligible.
Please help..!
Kumar Doab
(Expert) 03 March 2015
Your period of service shall be :
DOJ (including Probation Period)-DOL/LWD (including notice period)
You should be eligible.
You can submit FormI 30 days before expiry of notice period .......of course under proper acknowledgment.
There are many threads including success stories,judgments at:
http://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49
e.g;
http://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp
Rajendra K Goyal
(Expert) 04 March 2015
From the given facts it seems you are eligible for gratuity.
R.K Nanda
(Expert) 04 March 2015
agree with experts.
Manan
(Querist) 05 March 2015
Thank you Kumar Doab for your reply.
My company is asking for some legal document by which it proves that i am eligible.
I forget to mention our company works 5 days a Week since last 2-3 years before that we have 2 Sat Off
So please guide me how to take it forward.
Guest
(Expert) 05 March 2015
Your first task is to apply for payment of gratuity on prescribed form, as advised by Shri Kumar Doab and wait for the sanction or written response of the company.
However, if the company still insists to submit some legal document, just ask the company to refuse the claim for gratuity quoting relevant section of the Payment of Gratuity Act under which the gratuity is not permissible.
If the company believes that you are not eligible for gratuity, they have to quote relevant section of the Payment of Gratuity Act, not you to prove that you to produce any legal document.
However, if you like to quote any legal document instead of asking the company to prove your disentitlement, You may quote Sec.2A of the Payment of Gratuity Act, 1972, in support of your claim.
Kumar Doab
(Expert) 05 March 2015
You may mention that all communications and payment be supplied by Redg.Post only and alongwith FormI a postage prepaid,self addressed envelope is also attached for sending the payment of gratuity and any communication by Redg. post only.
It is imperative that reply to FormI is to be supplied.
After the receipt of reply of the company (only) You can draw attention to:
--Section:2A that was inserted in the statue and is self explanatory......
--Section:9............and word 'WHOEVER' in it...........and the provisions of penalty and punishment with jail time.........to whoever that contravenes the provisions of the Act and avoids to pay Gratuity.........This whoever can be either employer or HR personnel designated top process the claim...................It is obvious that employer shall push the HR forward and won't offer his neck......
Still,If you are unable to handle the matter on your own, hand it over to your Labor Law Consultant/Service matters lawyer/law firm.
T. Kalaiselvan, Advocate
(Expert) 07 March 2015
Advised well by experts, you may follow the suggested steps to get your gratuity which you are eligible.
Manan
(Querist) 08 March 2015
Thank you all for your advise
Kumar Doab
(Expert) 09 March 2015
You are welcome.
