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Prashant Gajjar (Sr. Analyst)     27 October 2013

Company is not agreeing to pay gratuity amount

Hello,

First of all pardon me for spell mistakes if there are any as am using mobile device to post this.

I joined a Software organisation on 8th May 2008. Organisation structure is like a group having different company name for tax saving or some other purpose. When I joined I was aligned with company A. Then after 3 years they transferred me to company B.

I left the organisation on 28th september 2013 (Around 5.1 year service period). I do have joining and reliving letter of same group. After 15 days of getting relived, I went to meet HR director to enquire about my gratuity release. And he told me that, I am not eligible to have gratuity as they count initial 6 months as training period / probation period, hence actual service period is around 4.6 years.

Can someone please let me know if I can claim gratuity in this situation ? 

Moreover - if they agrees on considering probation as my service period, will they be able to make excuses as I got transferred to company B from Company A of same group ?

In case I am eligible in all the conditions, what legal actions I can take against the organisation ? 

Looking forward to have some help !

Thanks,

Prashant Gajjar



Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 October 2013

Probation period will not be calculated as service period. Full service period must be 5 years without having any memo issues relating to indescipline on employee from the management.

Sudhir Kumar, Advocate (Advocate)     27 October 2013

whether probation period is fully paid (not apprenticeship)

Prashant Gajjar (Sr. Analyst)     27 October 2013

Thanks for your reply.


Yes the probation period was fully paid ( normal employment not apprenticeship. )

Prashant Gajjar (Sr. Analyst)     28 October 2013

And to clarify there was not a single instance of memo issue or bad behaviour.

Isaac Gabriel (Advocate)     28 October 2013

You are eligible for gratuity.If the company refused,file a cazse with controlling authority.

Kumar Doab (FIN)     29 October 2013

 

 

Probation period is counted in period of service.

 

 

 

 

Transfer and deputation are part of service conditions.

You have the relieving letter from same group.

It is statutory obligation of the employer to pay Gratuity even if employee has not asked for it.

Sec7; The employer has to supply notice of determination of Gratuity to employee with a copy to Controlling Authority.

 

Draw the attention of this HR head to Sec;9 and word “if anyone………………….”and provisions of penalty and imprisonment.

 

If you have recorded (audio/visual) the contentions/statements  of this HR head, it may be difficult for him to evade the penalty and……………….

 

Apparently the HR head is trying to subdue you.

You can submit FormI by redg. post.  

 

 


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