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Narasimha   16 November 2017

Gratuity Eligibility

Hi Team, I have joined In MNC AT 14th Feb-2013 and my relieving date is 5th November-2017. Please let me know I am eligible for gratuity.. Thanks & Regards B V Narasimhudu 9535400654


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 14 Replies

Utsuk   16 November 2017

If the company is covered by the Payment of Gartuity Act you should be eligible.

 

GuruGyan   16 November 2017

If the Act applies to the company, you are eligible.

Narasimha   16 November 2017

@Utsuk can you please explore how can I proceed.since my company confirmed me I am not eligible...

Narasimha   16 November 2017

@GuruGyan you can also pls suggest me with my situation...

Kumar Doab (FIN)     16 November 2017

Refer to ; Payment of Gratuity Act,1972;1,2A,4,7

https://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

You have worked for;4Y08M21D

If the Act is applicable to the company then you are eligible.

 

Kumar Doab (FIN)     16 November 2017

You may write to employer, under proper acknowledgment that ‘Notice of Determination of Gratuity, and payment and any requisite forms have not been supplied to you and be supplied ASAP, by Registered Post from post office.

If the establishment does not pay within 30days from LWD the employer is liable to pay interest @ 10%pa for the delayed period.

Kumar Doab (FIN)     16 November 2017

Who has confirmed to you from company that you are not eligible?

Is declinature communicated to you in writing?

Narasimha   17 November 2017

@Kumar Doab,from the HR team I got the mail confirmation as I am not eligible some I am not completed 5 years..

Guru Guide   17 November 2017

Mr. Kumar Doab has rightly advised you. HR cannot deny your claim. You may apply on prescribed form.

Utsuk   17 November 2017

Mr. Kumar Doab is right.

HR is not lawmaker.

If your bosses have made HR the person to process the claims then HR must know right way of processing the claims and tell the right way to bosses.

You may write to owner as suggested.

 

GuruGyan   17 November 2017

Mr. Kumar Doab has provided the correct details to you.

Don't agree with HR person and write to MD.

Kumar Doab (FIN)     17 November 2017

Don’t address us with suffix @..............while we are responding and helping you in your query.

Address as Mr/Shri…………………………

Kumar Doab (FIN)     17 November 2017

Write to good offices of appointing authority/MD/CEO under proper acknowledgment 

Did you go thru the sections already posted?

e.g; 2A 

sub sections (2a) (i) (ii)

Resolve the matter by your own skills or take help of IT/ITeS employees unions and or trade unions with whom these are affiliated…………..

Many employees succeed by their own skills or with support.

 

There are many threads on similar query at LCI e.g;

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49

from which you can pick up even case laws that can help you….

Or approach Controlling Authority of Gratuity as provided for in the Act……..

Kumar Doab (FIN)     17 November 2017

Go thru;

THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972-1

https://labour.gov.in/sites/default/files/ThePaymentofGratuityRules.pdf


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