Gratuity related issue
Vinod Semwal
(Querist) 03 September 2015
This query is : Resolved
I have worked in IBM and spend 4 years 214 days.
Now When I approached IBM to release my Gratuity, They are denying and told me that there policy is to complete 4 years 240 days for gratuity eligibility.
Could Anyone Please help me.
Kumar Doab
(Expert) 03 September 2015
The office in the state where you were located and corporate office that issued appointment letter, worked for 6days/week or less than that!
Kumar Doab
(Expert) 03 September 2015
If you have rendered uninterrupted service of 190 days in 5th year then you should be eligible.
Kumar Doab
(Expert) 03 September 2015
The query is also posted at:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=126492&offset=1#.Vehibn1-jMo
Kumar Doab
(Expert) 03 September 2015
Saying-said/telling-told are verbal mode of communications and are not on record.
Narrate the minutes of meeting and mention that on dated.............you met Mr/Ms......designation.......address............and payment of Gratuity was declined....................and you have submitted FormI.
Vinod Semwal
(Querist) 03 September 2015
First of all... very much thanks Mr. Kumar Doab Sir....
Yes ... My services in 5th year is uninterrupted.
And ... got mail communication from my organization for PF eligibility i.e. 4 years 240 days.... so its is written.
Rgds,
Vinod Semwal
Vinod Semwal
(Querist) 03 September 2015
One more thing ... I havn't submitted FORM I yet.
Vinod Semwal
(Querist) 03 September 2015
I have one confusion here...
I am not sure on my leaves taken on 5th year but I am sure its not more than 5 days...
2 days, 2 days and 1 day in sequence.
Considering my leaves... I am still eligible for gratuity or not ??
Sudhir Kumar, Advocate
(Expert) 04 September 2015
you have not approached the company formally and you are not sure of the facts.
do you treat this forum as spokes person of the company or an astrological forum.
Vinod Semwal
(Querist) 04 September 2015
Dear Sudhir Ji,
I am not a legal person and seeking experts help like you.
PLease treat me as your younger brother and help
Vinod Semwal
(Querist) 04 September 2015
Dear Sudhir Ji,
I am not a legal person and seeking experts help like you.
PLease treat me as your younger brother and help
Vinod Semwal
(Querist) 04 September 2015
Just received mail communication from my organization stated that this rule (4 years and 190 days) is applicable for state Chennai/Madras only and since my joining location was Noida (UP), so I am not falling under this hence not eligible for gratuity.
Please suggest.
Kumar Doab
(Expert) 04 September 2015
You have modified your posts.
We have read your posts in Hindi in English (Hinglish). Although in modified post you are gentle but you were not gentle and courteous in Hinglish.
214-5=209>190days.
First thing First: Submit FormI.
Payment of Gratuity Act 1972 is a statue and Sec;2C was replaced by Sec;2A.
The statue is not state specific.
The reply of HR/company/employer is erroneous and indiscretion/transgression.
Sec;9 of the Act provides for penalty of Rs.20000/ and punishment with jail time for 6 months to 'WHOEVER' that avoids to pay Gratuity.
You are eligible for interest@10%pa for the delayed period also.
If you are unable to handle it on your own approach employee's/trade union leaders, an able Labor Law Consultant.
Vinod Semwal
(Querist) 04 September 2015
Thank You Doab Sir, And apologies for Hinglish Post ... I realized and modify my post...Please try to understand my situation ... I was very puzzled..
"Aur Wo Kahawat hai na:- Subah ka bhoola Shaam ko ghar wapas aa jaaye to use bhoola nahi kahte."
Anyways... my sincere apology again...
As per your suggestion, I have mailed to my organization gratuity team to provide address to send FORMI.
Once received, I will definitely send the FORMI to them.
Kumar Doab
(Expert) 04 September 2015
You don't need to wait for any address.
As already posted in other thread of yours you can send it by Redg. Post to appointing authority,MD,Head-HR at corporate office that issued appointment letter/from where the salary/gratuity is administered.
Kumar Doab
(Expert) 04 September 2015
You have posted that:
"And ... got mail communication from my organization for PF eligibility i.e. 4 years 240 days.... so its is written."
Your query is on Gratuity so why did you ask for PF and/or why your company replied for PF instead of gratuity?
Vinod Semwal
(Querist) 04 September 2015
Sorry...mistakenly written PF, please read gratuity.
But in IBM, address of appointing authority,MD,Head-HR is hidden and they have created different department for gratuity establishment support.
Thats why I have asked them for address to send FORMI.
Moreover, I will check again my offer letter, if any address mentioned on that and confirm to you.
Kumar Doab
(Expert) 04 September 2015
Your Higlish was addressed to Mr.Sudhir Kumar.
Any further response if any you should get from Mr.Sudhir Kumar.
Nothing more is required to be confirmed to us....................me atleast.
Whatever could be shared by me has already been shared.
Beyond this...........If you are unable to handle it on your own approach employee's/trade union leaders, an able Labor Law Consultant.
Kumar Doab
(Expert) 04 September 2015
Download/print/forward copies of all communications.
Vinod Semwal
(Querist) 04 September 2015
Thank You Very Much all of our experts.
This forum really help me.
Special Thanks to MR. Doab Sir.
Sincere Apology to Mr. Sudhir Sir.
Kumar Doab
(Expert) 04 September 2015
I appreciate your last post.
