Gratuity payment
G M Desarda
(Querist) 04 May 2012
This query is : Resolved
I have worked in Pvt. Ltd company since 28/08/1992 till 31/03/2012.My birth Date is 29th April 1953.The management verbally informed me in Feb 2012 that they will give me retirement on 31/03/2012 & will have to work as consultant & I am continuing the job as no written communication is given till03/05/2012.
appointment letter as an consultant dated 31/03/2012 was sent to me on 04/05/2012 which I did not accept as service retirement / relieving letter as well Experience Letter nothing is given till date.
In such situation how I can go about the Gratuity. Whether I will be eligible for the same & is that crossing the limit of period given for making an application for gratuity
Your valuable advise in this matter will be appreciated as this is the only benefit we can get.
RAJU O.F.,
(Expert) 05 May 2012
If your name is on the roll of confirmed employees of the company for more than 5 years, you are eligible for gratuity. If your company retirement age is 60 years, there is almost one more year for retirement. As you are appointed as consultant of the company with effect from 31-03-2012 and since you are still on continuous service, I hope the company will grant you eligible gratuity. Any how enquire with the personnel dept. of the company and get correct information.
G M Desarda
(Querist) 05 May 2012
Dear Mr. Raju
Thanks for your reply. The retirement age for our co. is 58 years which I have crossed during service period hence now they wish to have me on their role as Consultant.
The Answer for eligiblity/ Time frame for making application for Gratuity pl enlighten on this.
Isaac Gabriel
(Expert) 06 May 2012
You are eligible for gratuity if the 'consultant' post carries pay scale.Gratuity act does not mention age limit for grant of gratuity
Anirudh
(Expert) 06 May 2012
Dear Mr. Desarda,
According to you, you attained the superannuation (age of retirement). Therefore you are entitled to claim 'gratuity'. You can immediately demand for the same.
As regards your appointment as 'consultant' it is your post-retirement assignment. It is not any re-employment. That 'consultant' status will not get you any benefit of 'Gratuity'. Needless to say such 'consultant' position will not carry any scale of pay. At best it would be a consolidated monthly sum that will be paid to you as remuneration for your service as a 'consultant'. In this arrangement, there is no employer-employee relationship.
RAJU O.F.,
(Expert) 06 May 2012
Normally gratuity is paid to eligible persons after retirement within a couple of months, without being asked for it by the employee. The company is liable to make such payment without delay. In the instant case, contact concerned HR official and find out the reason for delay.
