Gratuity claim


Sir,

I worked in Private Limited Company in Chennai from 02/04/2012 to 28/01/2017 ( 4 Years and 303 Days) without break in service. When I claim my grautity, I was informed by company that I am not eligible for that, since I did not completed 5 Years Service. The Company weekly working period is Monday to Friday - Full Working Day and Saturday -  Half Day. The Company taken a LIC Group Grautity policy in the name of trust towards employees retirement benefits.I would like to know whether I am elgible or not. If I am eligible, how to claim grautity. Kindly adivse.

Also the company has not paid Bonus for the period 2015-16 and 2016-17.

I do not know where to lodge the compliaint. Please guide me.

 

 

 
Reply   
 
FIN

While posting such queries employee should post basic information! 



What is this establishment; Commercial, Industrial? 


What is its nature of business say; IT, ITeS?


How many persons are employed in it? 
What is your designation and nature of duties? 



How many persons report to you? 



Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?



You are in which state? 


Since how many months you are working? 
Do standing orders (model/certified) apply to establishment and your designation?



Was ever any stinker, memo, show cause notice on any misconduct issued to you? 


Are you a member of employee’s/trade unions?



 

 
Reply   
 


FIN

What are your monthly wages?

Which bonus you are referring to: as per Payment of Bonus Act or Performance Bonus etc?

Have you submitted FormI under proper acknowledgment?

Have you asked payment of Bonus/Gratuity in writing?

Has company declined in writing?

 

 

 

 
Reply   
 
FIN

Gratuity: Submit FormI under proper acknowledgment.

Bonus: If eligible per wage ceiling request to pay in writing?

 

 
Reply   
 
Lawyer in Hyderabad.Email Id:ramachary64@gmail.com

Gratuity is not eligible since you have not completed 5 years of your service. You can give complaint to labour commissioner at your near to your office for claim of Bonuses. 

 
Reply   
 
FIN

Payment of Gratuity Act,1972: 2A is clear. 

 

GO thru it.

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

  
There are many threads on similar query: at:

 

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

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-eligibility-5-years-or-4-years-240-days-111887.asp

  

Many employees have been able to resove similar issues by discussions thru threads and by applying their own skills.  

 

If you are eligible for payment of bonus as per: Payment of Bonus Act, then it should be paid by Nov 16, Nov 17, employer can be penalized.

 

 
Reply   
 
FIN

Have you submitted FormI, under proper acknowledgment?  

Have you written to employer for payment of Bonus?

Take help of elders of the family, employee’s/trade unions and a very able counsel of unshakable repute and integrity specializing in Labor/service matters.  

The threads suggeested above are comprehensive.

 

 
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