Gratuity

Reetu (Querist) 23 August 2018 This query is : Resolved
Dear sir/mam
I am employee of an educational institute working as assistant professor and completed service period of 5 years. Institute ask me to resign as they have extra faculty in my branch and told me that they relive me on the date of resignation without notice period or 3 month salary and when I asked about gratuity they told me it is a retirement policy so they will not give me gratuity because I am not taking retirement I am leaving job after 5 years only and even told me that I will get gratuity in my last job if I complete 5 years in that job. It is urgent plz give me your valuable suggestions.

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Adv Shailendra Deshpande (Expert) 24 August 2018
You can send the notice from your end within 30 days from last working day for your gratuity. Meantime consult Council for further legal proceedings.

sachin sharma (Expert) 25 August 2018
First send notice by registered post and on their email to your company within 30 days, if they do not respond then contact the labour commissioner. Give your written complaint in 2 sets to labour commissioner office, they will return you one copy as an acknowledge of your complaint.

Hemant Agarwal (Expert) 01 September 2018
1. Every Employee, who has completed FIVE years of continous service, is entitled for payment of Gratuity, irrespective of any retirement policy or whatever.

2. As suggested above by Shri Deshpande & Shri Sharma, serve a proper legal notice to the company and follow-it-up, by lodging proper complaint before the local labour commissioner. For this should be having documentary evidence that you were a employee and that you worked for continous five years.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Guest (Expert) 01 September 2018
I differ with the views of the experts above. Any legal notice can complicate your case and may also lead to abnormal delay in settlement for years together.

Simply apply in prescribed Form-I to the educational institution. On no action within one month or formal rejection of your gratuity case, you may approach to the competent authority appointed by the State under the Payment of Gratuity Act in the manner as prescribed in the Rules framed under the said Act.

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