Gratuity

ankur jain (Querist) 15 May 2014 This query is : Resolved
Sir,

mai private limited company mai kaam 7 saal se kaam kar rha hu or ab malik mujhe nikal rha hai or vo mujhe gratuity bhi nahi de rha hai ab mujhe gratuity ke liye kya karna chahiye.

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advocate mukunda (Expert) 15 May 2014
do you have appointment letter issued to you,
if you are working without break for 5years you are eligible gratuity,
pls consult local lawyer if still problem,

Kumar Doab (Expert) 15 May 2014
What is this establishment: Shop, Commercial Establishment, Industrial, Small Enterprise?

The registration certificate should have been displayed near entrance hence you can find out.

You and also Redg. office of the company is located in which state?

How many people were and are employed in it?

Do you have any record of Date of Joining (DOJ) , last drawn wages, employment e.g. appointment letter, offer letter, salary slip, PF a/c number or A/c slips or passbook, ESIC card, Group Insurance, work reports, attendance record, salary a/c, work reports, wage forms as prescribed in local Acts, payment vouchers, etc?

You are a Sr. Accountant and would know how to obtain this information. Post this information.

Are you a member of employee’s union, trade union?

If at any point of time 10 people were employed in the Shop/Establishment then Payment of Gratuity Act 1972 should be applicable.

You may submit FormI to appointing authority, MD etc,under proper acknowledgment, preferably thru Redg. post (and obtain POD and copy of run sheet of postman from PO):

---if you have been terminated.

---If you have submitted notice of resignation or have resigned. You can submit FormI one month before effective date of resignation.

You may mention that notice of determination of Gratuity has not been supplied to you despite representations in office and postage prepaid self addressed envelope is attached for sending the payment of Gratuity to you. You can also demand payment certificate issued by the insurer/FI e.g. LIC that has been managing the Gratuity fund.

If you have been asked to resign, or being threatened to be terminated, let the employer state your DOJ etc and record the meeting (audio/visual).

If you are not able to handle the matter on your own meet along with elders in the family a competent and experienced labor consultant/service lawyer along with all documents you have on record.