Payment of gratuity - eligibility criteria
Rajesh Kumar Surapur
(Querist) 13 September 2016
This query is : Resolved
Dear Sir/Madam,
I was employed with a public limited company from 15/09/2011 to 31/07/2016 i.e., 4 years 10 months 15 days ( six days a week).
As per HR department, I am not eligible for payment towards Gratuity.
Could you please advise whether i am eligible for gratuity payment as per the latest provisions in the Gratuity Act 1974.
S. Rajesh Kumar
9849742950
Kumar Doab
(Expert) 13 September 2016
It is:
Payment of Gratuity Act,1972.
You shoulder be eligible. {(4 years 10 months 15 days ( six days a week).}
You have asked verbally or in writing?
HR has replied verbally or in writing?
Kumar Doab
(Expert) 13 September 2016
You may submit FormI and letter (under proper acknowledgment) and mention that 'Notice of determination of Gratuity and payment of Gratuity has not been supplied to you, till date.
You should be eligible for interest @10%pa for the delayed period.
Rajesh Kumar Surapur
(Querist) 13 September 2016
Dear Sir,
Thanks a lot for your reply.
I had sent a mail to our HR department to release the gratuity and received a mail confirming that i am not eligible.
Could you please guide me further, how to take up the issue further ( Form 1 - where will i get it ?).
Thanks and Regards
S. Rajesh Kumar
Rajesh Kumar Surapur
(Querist) 13 September 2016
Dear Sir,
Thanks a lot for your reply.
I had sent a mail to our HR department to release the gratuity and received a mail confirming that i am not eligible.
Could you please guide me further, how to take up the issue further ( Form 1 - where will i get it ?).
Thanks and Regards
S. Rajesh Kumar
Kumar Doab
(Expert) 13 September 2016
Is HR dept. your employer?
Probably: NO.
Is HR personnel designated by employer to process Gratuity;Probably: Yes.
Payment of Gratuity Act provides for penalty and punishment to 'Whoever' avoids to pay Gratuity.
FormI is easily available thru internet search and also with employer.
Kumar Doab
(Expert) 13 September 2016
You may go thru illustrated thread :
http://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp
and download FormI also.
Submit covering letter as suggested above, addressed to good offices of appointing authority,MD.
If you are unable to resolve lean on a very able counsel specializing in labor/service matters.
Raj Kumar Makkad
(Expert) 13 September 2016
I do endorse the advice of Doab. This issue has already been discussed in detail.
