cpc

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
 
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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

 
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LAWYER

The query is replied beautifully.Proceed as advised.

 
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LAWYER

Always welcome, 

 
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Advocate

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.
 
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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.

 
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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

 
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