Gratuity
sanjay
(Querist) 11 February 2014
This query is : Resolved
Currently i am working with one of pvt. ltd. firm. During appointment it is told to me that company is having PF and Gratuity. When i got the Salary stracture breakup i found that nothing is mentioned about gratuity. After completion of approx. 5 years company has taken the letter from me i.e "With reference to my services with company where in I have joined the company on June 15, 2008 and am working with company till date.
My CTC with company is including all dues whatsoever and in specific to gratuity I confirm that I understand that all payments made to me till date are including Gratuity. The same was not mentioned in CTC break up due to calculation error.
The revised CTC with gratuity is enclosed here with.
Till date all payments towards gratuity are received by me and I request for the same to be issued to me along with my monthly payments."
Now i decided to leave the company i just want to know after giving this letter still i am eligible for gratuity or not. For this if need to file the legal case against employer where i need to file.
Kumar Doab
(Expert) 11 February 2014
NO such letter shall deprive you from statutory benefit of Gratuity.
You can lodge complaint with Inspector under Payment of Gratuity Act. The local o/o labor Commissioner can guide you further.
If you can establish that such letter was extracted under force, pressure , intimidation you can succeed to inflict punishment and penalty as def. in Sec:9 of Payment of Gratuity Act.
You may withdraw this letter in writing stating that it was extracted under force...................
Employee can submit FormI one month before date of retirement (resignation).
If you have tendered notice of resignation then you may submit a covering letter to:
-- supply you by redg. post the Notice of Determination of Gratuity along with payment certificate released by LIC or any other insurer that Insured the gratuity for establishment or Gratuity Trust of the company (if it has Trust to manage the Gratuity).
--and mention that Form I is attached.
Obtain proper acknowledgment on copy of your letter and FormI.
It is possible that the establishment has not obtained Compulsory Insurance and has to pay from its own resources hence this drama.
Approach your lawyer and let your lawyer structure your communications now and thus do not allow the employer to treat your letter as full discharge of payments due to you.
It is not understandable why employees can not decline to sign such letters.
