arafath (software engineer) 21 June 2013

Gratuity

Hi All,

I have been denied my Gratuity from my previous company (software).

I joined my company on - 15th Sep 2008

I left the company on - 24th May 2013.

I had worked for 4 years and 251 days totally(including saturdays and sundays which are holidays).

My company is denying me my gratuity saying that I had worked for only 4 years and 180 days(working days).

The company says that 4 years and 190 workding days should have been completed.

Which is right? Am I eligible for Gratuity?

Please help.

Regards,

Arafath

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1 Replies

Kumar Doab (FIN) 22 June 2013

From saying and telling ( verbal mode) shift to written mode.

In case of employees who persue, companies finally do relent or it relents when the employee announced to initiate legal proceedings.

Discussion > Labour & Service Law > Gratuity > Query regarding gratuity eligibility

https://www.lawyersclubindia.com/forum/Query-regarding-gratuity-eligibility-74941.asp#.UYYx76KAqWM

Company can not have its own policy on the payment of gratuity.

It is statutory benefit it has to provide to employee.

You should also draw the attention of this HR person to word “WHOEVER” in :

Section: 9
Penalties.

(1) Whoever...........................

............ Provided that where the offence relates to non-payment of any gratuity payable under this Act, the employer shall be punishable with imprisonment for a term which shall not be less than [36] [Six months but which may extend to two years] unless the court trying the offence, for reasons to be recorded by it in writing, is of opinion that a lesser term of imprisonment or the imposition 01; a fine would meet the ends of justice.

--------The HR person is not your employer. He is another employee in the company.

Submit FormI under proper acknowledgment to o/o appointing authority/MD by redg. post (avoid speed post/courier). After 10 days obtain POD (free of cost) and certified copy of the run sheet of post man (by paying Rs.10) from sub postmaster of PO from which redg. post was booked.

Company shall have to pay.

If you are not able to resolve the matter in your favor on your own, approach your lawyer.

There are many threads on Payment of Gratuity at:

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.Ubx2VeeAqWM

e.g:

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.UbxznueAqWM