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Nandini (Software engineer)     25 May 2015

4.7 yrs exp am i eligible for gratuity


I joined Software company on November 8th 2010 where we work 5 days a week.I was on maternity leave from Dec 1st 2013 and rejoined on May 5th 2014 .So, total of 5 months leave.As per company policy i was given 3 months paid maternity leave and other 2 months where i submitted my CL and EL.So , i dint had any LOP leaves .


On April 27th 2015 i was called up on my mobile by  HR all of a sudden and asked to meet him,.Where he asked me to sign the resignation letter and he gave reason saying company is under bad condition .so , i need not come to office from April 28th 2015 and 45days salary will be given on final settlement Day i.e on june 10th 2015. So my last working day will be  June 10th.


Since , i ve worked in the company for almost 4.7 years am i eligible for gratuity fund?. 
If 'Yes' What proof can i show to company that i'm eligible for GF.



Learning

 1 Replies

Kumar Doab (FIN)     26 May 2015

You should be eligible.

You may submit FormI under proepr acknowledgment.

You should provide full information!

What is this establishment: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many persons are employed in it?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

What was your designation and nature of duties?

Since how many months you are working with it?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter?

Does company have its CO (certified standing Orders) and is your designation covered by CO? Or do Model Standing Orders apply to it?

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?

Did you resign in writing under proper acknowledgment, and mention NO tasks are pending at your end and to whom you should handover the charge?

Has acknowledgment of notice of resignation, supplied to you?

Are you a member of any employee’s/Trade Unions?

What was your monthly salary?

Do you have copy of all leave applications and approval?

 

Have you signed the pre written and pre printed resignation letter? Do you have a copy?

Do you have any evidence that you were asked to sign your own resignation letter?

Was it notice of resignation or resignation with immediate effect?

Has the notice period been waived off in writing?

Were you asked not to attend office in writing?

 

Are you not attending office?

 

Why would you  agree to such exploitation?

 

A techie in Bangalore Karnataka was awarded 12 lacs compensation by officials of Dept. of Labor.

 


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