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Probation period is eligible or not for gratuity

(Querist) 28 December 2013 This query is : Resolved 
i have 5 yrs 2 months service in a corporate company, but they refuse to pay gratuity , saying that one year is a propation period so not eligible,
On my probation period they have not deducted any PF etc, rest 4 yrs they have deducted everything like PF,ESI.
Without PF deduction Probation period will consider for gratuity
padma
Kumar Doab (Expert) 28 December 2013
PF, ESIC and Gratuity are applicable during probation period.

Demand everything in writing under acknowledgment from appointing authority, MD.

>> Gratuity:

If you have submitted notice of resignation you may submit FormI one month before date of retirement ( effective date of resignation/expiry of notice period) under acknowledgment .

If you have resigned submit FormI under acknowledgment and with covering letter mentioning that company has not supplied the notice of determination of Gratuity.

If company has supplied notice of determination of Gratuity and has not calculated Gratuity from DOJ to DOL reject to accept it in writing and demand from DOJ to DOL and if company maintains studied silence or declines to pay from DOJ to DOL or has not paid within 1 month from DOL claim full amounts with interest fro delayed period and approach Controlling authority of Gratuity.

If company has obtained mandatory insurance of Gratuity from LIC then demand certified copy of payment certificate issued by LIC and copy of the proceeds of payment too.

Employer must not keep any amount out of amounts received from LIC and disburse full amount to employee.


>> PF: Approach RPFC in person the nearest PF office and route your grievance in writing under acknowledgment.

If company’s appointing authority, MD do not yield to your efforts you can also approach your lawyer and issue a legal notice.

The legal notice may drill sense into the heads.







Rajendra K Goyal (Expert) 28 December 2013
Gratuity is calculated from the date of joining, probation period is to be included.
padma (Querist) 28 December 2013
sir but my company telling that on your probation period no PF deduction, after probation period only started deducting PF
my company telling this reason to refuse pay gratuity


When PF deduction started on that only considering is that correct
06.11.2008 to 31.12.2013 = 5 yrs 55 days


Pls help me
Kumar Doab (Expert) 28 December 2013

Subsequent to other thread initiated by you at:

http://www.lawyersclubindia.com/experts/details.asp?mod_id=444216

and many PM’s...........................................

Instead of remaining entangled in verbal communications with HR you may demand everything in writing under acknowledgment from appointing authority, MD.

If HR has not deducted PF during period of probation it is fault of employer and employer instead of taking on its head shall transfer on the head of HR personnel therefore HR is attempting to subdue you by verbal communications on the subject of PF and Gratuity..

You should write to appointing authority, MD and affirm to deposit PF contribution of period for which employer willfully and intentionally despite your representations in office did not deduct PF.

The provisions for penalty punishment with imprisonment as defined in:
Sec 9 Payment of Gratuity Act 1972 is staring at HR and employer ...........................

“Section: 9
Penalties.
(1) Whoever, for the purpose of avoiding any payment to be made by himself under this Act or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both.
(2) An employer who contravenes, or makes default in complying with, any of the provisions of this Act or any rule or order made there under shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees, or with both:


If you are unable to draft your representations and/or are unable to handle the matter on your own entrust it to your labor consultant/lawyer.

Hope this shall suffice.

V R SHROFF (Expert) 28 December 2013
R ALREADY ADVISED WELLL
padma (Querist) 28 December 2013
Thank you so much sir u have done a wonderful job ur service to the society is - I don't have a word, god bless u and ur family today u r my god I am fully devoting ur service to the public who need guidance
Kumar Doab (Expert) 28 December 2013
Let elders in the family, competent and experienced well wishers, lawyer/law firm structure/draft all of your representations.



God Bless and Good Luck.
Rajendra K Goyal (Expert) 29 December 2013
My good wishes to expert Kumar Doab ji for earning such nice comments. God bless you.
prabhakar singh (Expert) 29 December 2013
You have got appropriate guidance from Mr. Kumar Doab !


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