Regarding gratuity eligibility
Bhavik M Zaveri
(Querist) 12 May 2015
This query is : Resolved
Dear Team,
I Mr. Bhavik Zaveri , have completed CONTINUIS SERVICE OF 4years and 272 days in my last organization. DOJ: 10.8.2010 and I have resiged on 9.5.2015. When I talk to my HR for gratuity they denied and stated that FOR GRATUITY ELIGIBILY IF I HAVE COMPLETED CONTINUIS SERVICE OF 5YRS ONLY.I have searched and told them as per Payment of Gratuity ACT 1972 I am eligible but still they denied.
Request you to help me.
Regards
Bhavik M Zaveri
Kumar Doab
(Expert) 12 May 2015
Section 2A was notified and inserted in the Act and is self explanatory.
You may count no. of days from DOJ .....(including probation period) -LWD (including notice period served.)
Talking,saying,telling are verbal mode of communication and not on written record and difficult to prove.
Record all statements.
The employer is under obligation to supply the notice of determination of Gratuity, payment of Gratuity within 30 days or:
----'WHOEVER'......as sated in Sec;9.... that avoids to pay Gratuity can be penalized and punished with Rs.20000/ and jail time.
----employer shall have to tender interest @10%pa for the delayed period.
You may submit in writing under proper acknowledgment that notice of determination of Gratuity was not supplied to you despite representations in office and payment has not been made and FormI is attached.
Bhavik M Zaveri
(Querist) 12 May 2015
Dear Team,
Kindly confirm that I am eligible for gratuity?
Pls with the mentioned information have provided.
Request you to mention with terms.
Kumar Doab
(Expert) 12 May 2015
You should be eligible.
Submit FormI preferably thru Redg. Post and obtain POD from PO, and send soft copy by email too quoting reference of Redg. Post.
Thre are many threads on similar query and discussions in detail at:
http://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.VVIc_vB-hkg
e.g:
http://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp
http://www.lawyersclubindia.com/forum/Gratuity-elgible-116872.asp#.VVId-_B-hkg
If you are unable to handle on your own entrust to your able Labor Law Consultant/Service Matters Lawyer/Law firm,……………and even Employee’s /Trade Unions leaders can support you.
Bhavik M Zaveri
(Querist) 12 May 2015
Dear team, kindly confirm with terms and act for eligibility of gratuity.
Bhavik M Zaveri
(Querist) 12 May 2015
I have been there in my last organization from 10.8.10 till 9.5.15. I m have 5 working days in a week and working 2 and 4th sat. I am eligible for gratuity? As per payment of gratuity act 1972.
T. Kalaiselvan, Advocate
(Expert) 15 May 2015
You have been suitably advised, better apply for it in writing, get their reply denying your claim and after that you may proceed legally.
Bhavik M Zaveri
(Querist) 15 May 2015
Dear sir, kindly give confirmation that I am eligible. So I will proceed further. I need in written .
