Gratuity amount denied by the company.

Ramashish Mallah (Querist) 29 November 2021 This query is : Resolved
Hi Sir,

I have worked with a firm (Leucon Technology Pvt Ltd - Rocketbox) for 15 months and every month, the Gratuity amount was deducted of Rs. 828. In the month of August one day suddenly my employer asked me to put down the paper reasoning my performance issue.

After 2 months they sold their company stake to Rocketbox that time they paid Gratuity to employees, who worked for less than 6 months.

When I confronted them, they said, it's their company's will and people who left the company are not eligible as they have not completed 5 years in the company.

Sometimes they say, Company is only liable to pay, when the company completes 5 Years. And company completed 5 Years in November.

As per the new Gratuity Rule, A person who completes 6 months or 1 Year in a company is eligible to get the gratuity amount.

I have a couple of questions.

1) If I am not eligible then how an employee who completed only 6 months is getting a Gratuity amount.

2) What are the options are left to recover the Gratuity amount and how

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Quick Summary

An employee who worked for 15 months had gratuity deducted from their salary each month. Upon leaving, the company denied them gratuity, claiming eligibility requires five years of service. However, they paid gratuity to employees who had only worked for six months. The employee is seeking advice on how to recover their owed gratuity and understand the discrepancies in the company's policy.

kavksatyanarayana (Expert) 29 November 2021
The new rules bill was introduced in the month of April, 2021, but to my best, the date of effect is not published in Gazette. So now, you have to complete at least 4 years and 240 days of service to get gratuity.

P. Venu (Expert) 30 November 2021
It is unconvincing that deduction had been made in respect of gratuity. CTC is not necessarily a deduction from pay.

Ramashish Mallah (Querist) 01 December 2021
Dear kavksatyanarayana Sir,

The company paid to existing employees who did not complete even 1 year they got the gratuity amount. When I asked the question for the same, Company answered me, its their will.

Whats your advice ?

Ramashish Mallah (Querist) 01 December 2021
The company paid to existing employees who did not complete even 1 year they got the gratuity amount. When I asked the question for the same, Company answered me, its their will. Whats your advice ?

kavksatyanarayana (Expert) 01 December 2021
Then you can file a case with certain proofs/evidence.

Dr J C Vashista (Expert) 01 December 2021
Recheck.
An employee is entitled for gratuity on completion of 5 years ( 4 years + 240 days) continuous service.
No deduction can be made on account of "gratuity" from salary of an employee.

Sudhir Kumar, Advocate (Expert) 16 December 2021
what about PF.

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