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BA   18 February 2019

Employer wont pay gratuity

I have worked for 9.8 years in a private firm and when I started to draw a decent salary, the employer chose to harass me till I was compelled to resign been working as a free lance programmer ever since and life is not easy at all. When I called the accountant to inquire about the gratuity he says that since the firm did not deduct any amount from salary during service, it is not applicable. (1) Should the employer pay me gratuity in any case (2) what is the channel. Many thanks


 8 Replies

BA   18 February 2019

No offense at all Sir! your deduction is very accurate, I wanted a wise advice from an expert in this field, since my expertise is in coding and I think you have provided good info to proceed in the right direction, I will write them a letter and see what is their response else approch the required authority. Thanks for all the help and your time

Suhail suhail (LAWYER)     18 February 2019

The query is replied beautifully.Proceed as advised.

Suhail suhail (LAWYER)     18 February 2019

Always welcome, 

Vikram Sodha (Advocate)     18 February 2019

you are eligible for Gratuity as per payment of Gratuity Act, 1972. write to your employer that you are working from.... to ..... period. Any person who has completed more then 5 years continuously in any organization are eligible for Gradiuty amount. If employer deny then give him legal notice through lawyer.

BA   18 February 2019

Thanks to Mr. Vikram Sodha Sir and Mr. Bilal Gani Sir, to let you know I have written a letter as advised by Mr Om Prakash Sir, today and emailed to their official email and also sent a copy by post. Lets see the outcome after few days or else looks like I will have to go in for legal channel.

BA   17 April 2019

So I wrote to the old company, where I worked and the accountant told me that they would go in for 50% settlement if agreeable to me. It is very strange of them to come up with this solution. Firstly now I work as Freelancer coder for past 4 years and 50% is too small amount for nearly 10years of service. Could you guide me if I should now send them notice via Labour Dept.? very confused

BA   17 April 2019

Thanks for the advice Mr. Om Prakash Sir. Anyway the old boss came with a new story when contacted today. I don't know if I will get even this half of the sum without a bitter battle. He sounds like a crook now.

Even though there is law but it will be a lengthy and expensive matter, I assume you know how much fees laywers with knowledge if labour law charge.

I will try few more emails before giving up on this

BA   10 May 2019

Dear All,

Thanks for all your advice and help, So I consider it my duty to tell you the final outcome, which has been a positive one. I met face to face with my older boss and agreed to settle for 50% after putting both our sides in prespective, also since I am freelancer computer software developer now, he has promised to divert some work to me, which if he does is a plus. Once again thanks All!

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