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leopold   16 October 2017

Gratuity

I had worked for a MNC construction comoany for the past 7 years and 5 months , after my resignation my HR says that i am not eligible for Gratuity , since it is not mentioned in my CTC and since my cadre is Contract, but i had continuously worked for 7 years and 5 months , Kindly let me know whether i am eligible for Grtuity as per tha Act and if so how can i cliam it and to whom should i approach. Regards Leopold


Learning

 10 Replies

darshana sawant (associate consultant)     17 October 2017

Dear Leopold,

 

Except for an apprentice, all employees are covered under Payment of Gratuity Act if it is applicable to an establishment, ie. having 10 or more employees. Therefore you are eligibile for gratuity and you can send your demand in form I to the employer who is liable to pay it alongwith interest.

1 Like

P. Venu (Advocate)     17 October 2017

There are prescribed forms for applying gratuity. Have you applied?

leopold   18 October 2017

Thanks for your guidance and promp advice , dear darshana and venu.

leopold   20 October 2017

Dear Sir/Mdm,

Even i had contacted my HR saying that i am eligible for Gratuity as per the ACT, he says That Gratuity is not mentioned anywhere in my contract document and also he says the Gratuity is included in my Basic salary, where as nothing mentioned in my salary slip with regsrds to Gratuity . I feel that arguing with the HR is waste of time , so guide me what shall i do next, shall i approach Gratuity office / Labour commisioner along with my documents . i.e. ofeer letter. salary certificate for past 7 years and 5 months. or is it advisible to Hire a Lawyer, If so what will be the Charges as Lawyer fees.

Regards

Leopold

darshana sawant (associate consultant)     31 October 2017

Dear Leopold

 

Please send yoiur gratuity claim in Form I to the employer with a copy to Assistant Labour Commissioner.  The amount is to be calculated @ 15 days salary(Basic plus DA) per completed year of service and interest thereon.

Kumar Doab (FIN)     02 November 2017

Refer to Payment of Gratuity Act, 1972; Sec; 1,  2A {(2a)(i)(ii)}, 4,7

https://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

If the Act applies to establishment; You should be eligible.

If you have separated then write under proper acknowledgment to designated HR person, good offices of appointing Authority/MD/CEO/Chairman narrating that you have represented to Mr/Ms……….on dated…………….and ‘Notice of Determination of Gratuity’ and payment and any form/format has not been supplied to you till date………  

1 Like

Kumar Doab (FIN)     02 November 2017

If establishment does not pay within 30days from LWD then it is liable to pay interest @10%pa for the delayed period.

Have you recorded the verbal messages of this HR person?

Gratuity is without any cost to employee?

Gratuity is @ full cost and consequences to employer!

1 Like

leopold   03 November 2017

Dear Mr. Kumar Doab,

 

Thanks for your valuable advice  and guidance

Kumar Doab (FIN)     04 November 2017

There are employee’s unions, employee’s unions embraced by trade unions, trade unions that help the employees.

Take their help and support if required and to resolve without litigation.

Kumar Doab (FIN)     04 November 2017

You are welcome.


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