1 month salary, Gratuity for 4 years and 2 months not paid.

J K KARUNAKARAN (Querist) 10 July 2017 This query is : Resolved
Team let me know the appropriate forum.

Follow Query

Report Abuse

Kumar Doab (Expert) 10 July 2017
Have you (employee) worked for 4Y2M?

Kumar Doab (Expert) 10 July 2017
What is stated about payment of Gratuity in docs issued to you say: appointment letter, contract of employment, some agreement, some settlement…………etc etc?

Kumar Doab (Expert) 10 July 2017
You shall be eligible for payment of Gratuity for 4Y2M if your employer has agreed to pay for such period by any written agreement/award.

Employer can pay by its sweet will.
Refer to Payment of Gratuity Act,1972;S;4(5)

Kumar Doab (Expert) 10 July 2017
Otherwise you should have worked for 4Y190/240D.

Post full facts/details of the matter.

Rajendra K Goyal (Expert) 10 July 2017
Please state clear material facts.

If total service is of 4 years 2 months gratuity entitlement is doubtful.

Kumar Doab (Expert) 10 July 2017
The entitlement of Gratuity shall not be doubtful if there is irrefutable concurrence by employer on record.

Kumar Doab (Expert) 10 July 2017
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?
What is notice period as per appointment letter/offer letter and what was notice period tendered by
you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all
years, ESIC card,?