Gratuity

Dev (Querist) 14 August 2017 This query is : Resolved
Respected sir,

I was worked with the company almost 4.5 (i.e may-11 to jan-16) years. I want to know weather I am eligible to get Gratuity benefits from company or not.

Thanks and regards.

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Kumar Doab (Expert) 14 August 2017
Refer to ;

Payment of Gratuity Act, 1972; 2A {(2) (a) (i) (ii)}

http://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

Kumar Doab (Expert) 14 August 2017
You shall be eligible for payment of Gratuity for 4Y5M 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) 14 August 2017
Otherwise you should have worked for 4Y190/240D.................per extent clauses posted above.

Post full facts/details of the matter.

Have you already separated from employer/employment?

Rajendra K Goyal (Expert) 14 August 2017
Have you applied?

Has the Company refused, if so with what reasons?.

Kumar Doab (Expert) 14 August 2017
If you have not separated and are contemplating to resign by notice of resignation then take care per provisions posted above...

Kumar Doab (Expert) 14 August 2017
If you have separated and have an agreement per provisions posted above, stake your claim and submit FormI, under proper acknowledgment....

Mention that Notice of determination of gratuity, payment and requisite forms have not been supplied.................

Kumar Doab (Expert) 15 August 2017
If you have separated and NO agreement exist, as suggested above, then submit a gentle request to good offices of appointing authority/MD/CEO of establishment/employer.............that is all you can do.

Kumar Doab (Expert) 15 August 2017
In future negotiate properly before joining on; annual/monthly pay package, bonus of all flimsy/glorified titles e.g; Performance Bonus, Gratuity, and all items conceived by employer....................

There are publications at LCI also indicating establishments/employers have offered Gratuity in writing, even if employee has worked for say; 2 years.........

And get written agreement to your requirements suiting your interest.

Take help of elders of the family, competent and experienced well wishers, seasoned employee's/trade union leaders, a very able LOCAL senior counsel of unshakable repute and integrity specializing in Labor/service matters............. and become properly informed....and skilled.

Kumar Doab (Expert) 15 August 2017
Labor/service matters is altogether different field of law and at each location there a few counsels that specialize in it and are very well known...................

Put in some effort and you can come to know of all of them..............Their number at each location is very small.....

Counsel worth their salt handling Civil Matters do not meddle in Labor/service matters................and refer such matters to counsels that specialize in Labor/service matters .