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SGarg_1111 (software professional)     22 August 2019

Gratuity claim refused by employer

I worked with company for exactly 4 years 11 months as full time employee without any interruption in service. I asked for gratuity claim at the time of resignation but company refused to pay with the explaination that it should be 5 calendar years. Later on advice of lawyer I sent a legal notice as well but company is still sticking to the ground that I am not entitled for gratuity and ready to defend the case in court of law. 

could you guide if I should go ahead with legal case? generally I received information that I should be entitled for gratuity but company is not ready to budge


 3 Replies

Real Soul.... (LEGAL)     22 August 2019

Just file the suit in the  court.

jayakumar.j (advocate)     24 August 2019

File a petition to the controlling Authority in Labour department, since you are eligible for gratuit. service of 4 years and 11 months is eligible for gratuity enventhough resigned.

jagadish paranjape (Advocate)     07 September 2019

You should contest the matter before the controlling Authority.For eligibility Act requires 5 years contineous service.The definition of contineous service makes it clear that if during the fifth year  you have served for more than 240 days,it would be one year contineous service.Therefore it appears that you have completed 5 years contineous service and hence entitled to gratuity.

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