Gratuity issue
Ram Kumar
(Querist) 01 April 2019
This query is : Resolved
Dear Sirs/Madams,
Greetings!!
I have worked in a Private company for a duration of 4 years 11 months and 20 days. During my notice Period I came to know that a Person who completes 4 yrs 8 months is eligible for the Gratuity so I asked (Written Communication on 6th Feb 2019 ) my Employer about the same and he replied (on 15th Feb 2019) that I have not completed the full 5 years that's why I am not eligible then I told him about my finding regarding the eligibility criteria.
After that, he replied (on 19th Feb 2019) that he will confirm the same from his CA and get back to me. Then After asking twice, I finally got the response today that I am not eligible for Gratuity as per their CA's assessment and no reason provided, I have asked them to provide the reason also.
Also, In the Relieving Letter it was mentioned that I joined the company as an Intern but intern/internship was neither mentioned in Offer letter nor in the Confirmation Letter, then and upon asking My employer replies that - "As you were Paid Stipend for the Training Period, the initial period was Internship and For us interns are also trainee/temporary employees, who have the job offer from our company but they are initially doing the internship with us."
Here are some Other Facts:
- I have Joined the company as Software Engineer Trainee on 27th Feb 2014 and relieved on 15th Feb 2019 as Software Engineer.
- Intern, Internship or Period of Internship was NEVER mentioned in Offer letter NOR in the Confirmation Letter.
- As per the Offer Letter, the initial Period (6 Months) was Training/Probation Period.
- In the Offer Letter, it was also mentioned that appropriate Tax will be also deducted from the Salary and Paid to the Central Government, but at that time my Salary was low and Tax was not deducted.
- Designation - Software Engineer Trainee was also mentioned in the Salary slips (along with the Offer Letter) & I was Paid Stipend for the Training/Probation Period.
- At the Time of Joining, PF was not deducted from the Salary as the company's strength was less than 20 people at that time.
- PF deduction started (Oct 2014) one month after the confirmation (Sep 2014).
- I NEVER submitted any document/application to the company during my joining for Internship for a fixed tenure.
- I was not registered under the Apprenticeship act during my training/probation period.
Someone please help/Suggest how to proceed further to claim for Gratuity.
Thanks.
Ram Kumar
(Querist) 01 April 2019
I request all the respective experts to provide their valuable comments.
Thanks.
Guest
(Expert) 02 April 2019
@ Mr. Ram Kumar
You should be graetful to the inventor of Loren Ipsum for using his product for your own publicity, as a software engineer.
.
Ram Kumar
(Querist) 02 April 2019
Hi Dhingra Sir,
My Apologies!!
I am very sorry for the dummy text yesterday, actually, I have created the Post yesterday but there were some facts missing and By mistake, I have submitted the Post and was not able to remove the post that's why I marked the post as resolved and put some dummy text so that experts time don't get wasted .
Today I have gathered all the facts and updated the Post with all Information. Please have a look.
Thanks.
Guest
(Expert) 04 April 2019
Your offer/ appointment letter is required to be examined to clear your doubt. Also, what was the staff strength of your company during the year previous to your resignation?
Ram Kumar
(Querist) 04 April 2019
Thanks for the reply Dhingra Sir,
The Strength of the company at the time of the joining is 20 and year previous to my resignation the strength was 50 approximately.
Also, I have shared the Offer Letter with you on Email Id - 1962dcg@gmail.com.
Thanks.
Guest
(Expert) 04 April 2019
After acceptance of offer letter did you get any appointment letter confirming your appointment on joining the post? Also, after probation, did you get any letter of regularisation on the post with salary other than that mentioned in the offer letter?
Ram Kumar
(Querist) 04 April 2019
At the Time of Joining only offer letter is provided and After the completion of Probation Period, the company provided the Confirmation Letter in which I was Promoted.
Ram Kumar
(Querist) 04 April 2019
For reference, I have sent you the confirmation Letter on the email.
Thanks for your Quick reply.
Guest
(Expert) 05 April 2019
You are eligible for gratuity. Training/Probation period, without mention of stipend, is also a part of service. Moreover stipend is given to apprentices only, which you were not.
Ram Kumar
(Querist) 05 April 2019
Thanks for your valuable time, Dhingra Sir, Since they have denied my eligibility, So how should I proceed? Should I send them form 'I'? I have asked them to provide a valid reason but they haven't replied yet and I am waiting for their reply.
Guest
(Expert) 05 April 2019
Send application in Form-I. If they still deny or do not take any action within one month, file case with the Government's designated competent authority.
Ram Kumar
(Querist) 06 April 2019
Noted on your point Dhingra Sir, Today they replied that they will provide me the details very soon regarding my non-eligibility for the gratuity component. Once I get their reply, i will update you also and initiate the process.
Thanks.
Guest
(Expert) 06 April 2019
They are trying to gain time just to avoid payment. Apply on Form-I. They have to take action or refuse. After that proceed, as advised.
Ram Kumar
(Querist) 11 April 2019
Hi Sir
Thanks for your comment.
Just to update, i got reply stating that - As per their CAs i have not completed 5 years with the company and was initially hired as intern (which i was not) that's why i am not eligible for the same.
I will initiate the process and will send them form-I this week.
Ram Kumar
(Querist) 11 April 2019
Hi Sir
Thanks for your comment.
Just to update, i got reply stating that - As per their CAs i have not completed 5 years with the company and was initially hired as intern (which i was not) that's why i am not eligible for the same.
I will initiate the process and will send them form-I this week.
Ram Kumar
(Querist) 27 April 2019
Hi Sir,
Thanks a lot for guidance, I had a discussion with the company and finally got Paid with the Gratuity amount in full.
Thanks, Lawyersclubindia for making this Platform.
Guest
(Expert) 27 April 2019
Dear Ram Kumar,
If the CA of the company is not aware of the law on gratuity, he is required to be sacked from service.
However, it is satisfying to note that ultimately your employer has realized his mistake and you have been paid the amount of your due gratuity.
