Gratuity payment

Mita Chopra (Querist) 16 September 2014 This query is : Resolved
Hi..I joined my current organization on 6th November 2009 as a permanent employee in a management consulting firm. My last working day here will be 19th Sep 2014. I have been working continuously with this organization without any break.
My employers have declined my request for gratuity claiming my ineligibility due to non-completion of 5 complete years with the company.
However, as per my knowledge & research I am eligible as I satisfied the criteria of 4 years & 240 days. Kindly give clarity on my eligibility and way to take it fwd with my employers.
Thanks

Mita

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Kumar Doab (Expert) 16 September 2014
You are eligible.

Who has declined to pay Gratuity: Employer or appointing authority himself or some HR personnel?
Is the declinature verbal or in writing?

You may draw the attention of this person to word ’ WHOEVER’………………in Sec:9 of payment of Gratuity Act and penalty and punishment with Jail Time stated in it.

You may by a gentle communication by letter thru Redg. post addressed to appointing authority/MD, narrate all representations made so far (mention names/designations/dates………………………..brief minutes of discussion) and conclude that these personnel have declined to:

--- include payment of Gratuity in FnF statement/settlement

--Provide notice of determination of Gratuity
and that original FormI is attached………………………………and payment certificate issued by say LIC (that manages Gratuity) be supplied to you.

Employer can not keep a penny from payment disbursed by FI that manages Gratuity even if amount calculated by formulae of Gratuity is less amount disbursed by FI say LIC.

If workable submit a copy at the reception and obtain acknowledgment on your copies under proper seal, signature with date.
Obtain POD from PO (free) and certified copy of runs sheet of postman (against Rs.10/-).

The employee can submit FormI one month before date of retirement from establishment.