Gratuity on 5.7 years services - 5 years or 6 year?

How many persons were employed in establishment?

Are your’s or HR’s statements as in query are on irrefutable record/in writing?

Asking, saying, telling, told are verbal transactions and difficult to prove.

GO thru; Payment of Gratuity Act,1972;1, 2,2A,4, 7,9

There are many threads on similar query at LCI

Gratuity= { ( Basic+DA)/26*15*No. of years in service} Basic+DA is as per last drawn wages…

NO. of years is ; after 5Y of service ( Calendar years from date of reference as in the Act or simply count from LWD/DOJ ) ………………..

 >6M=1Y

<6M=0Y

Thus 5.7Y=6Y for calculation of Gratuity.

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card,  and shall supply correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?    

Employee may write under proper acknowledgment to designated HR person and good offices of appointing authority, MD/CEO that the 'Notice of Determination of Gratuity', payment of Gratuity, and requisite forms, if any may be supplied to you…….and necessary arrangements may be made to pay on LWD…

Or after LWD and getting above mentioned docs………. As IT suits you since you are closest to employer and IT’s attorneys in Line Management/HR etc and are aware of their attitude towards you and your hassle free relieving…..

So employee may apply your own judgment…

If establishment/employer does not tender payment within 30days of LWD then IT has to tender interest @10%pa for the delayed period…

Since you have got relieving docs as per your query; you may esclalate to good offices of appointing authority/MD narrating previous representations and ask for relief by releasing payment of Gratuity. Submit FormI under proper acknolwwedgment.

Remain gentle and amiable.

Your issue may get resolved.

Or you may have to approach ‘Controlling Authority of Gratuity’ in person or thru  Authorised Representative..that can represent you..

If establishment works for 6days/week then employee should have worked for 240days/year and in last year If establishment works for less than 6days/week then employee should have worked for 190days/year and in last year

Although there is  NO need to quote any citation since Payment of Gratuity Act is a statue and provisions in the Act are crystal clear…. still you can also pick up citations from this thread, other threads, Files, Articles, Judgments sections…

e.g; Article under my profile..   

Off days, holidays are counted in service period for the Payment of Gratuity !

No Limitation to Claim Payment of Gratuity

You may pick up the relevant points and take help of elders of your family, competent and experienced well wishers, seasoned employee’s/trade union leaders, seasoned ‘ Authorized Representatives’, a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..with whom you may share inputs /show the documents/evidence for a considered opinion..  

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Labor Court/CGIT, O/o Controlling Authority of Gratuity ( ALC/ALCC/DLC…), School-Educational tribunal,CAT, civil courts, HC, SC……

 

Thanks for reply,

My HR Head 240 days issue so credit my account only 5 years salary , is it right ya wrong.

My working period is 31/12/2012 - 31/07/2018

Originally posted by : Saurabh Kumar
	Thanks for reply,   My HR Head 240 days issue so credit my account only 5 years salary , is it right ya wrong. My working period is 31/12/2012 - 31/07/2018

Redraft your query so as to post clear message.