Upgrad LLM

gratuity - different weekly working days in organisation


Date of joining Organization: 23rd March 2015

Last working day: 02nd November 2019

About working days in week:

In my current organization there are different weekly off groups. Groups are like following

Group A: 5 working days a week

Group B: 5.5 working days a week

Group C: 6 working days a week

In my whole tenure with this organization have worked in ‘5 working days a week’ group. However, organization has declined for gratuity over email saying that organization has 6 days working policy, so I fall into section 2A (2)(a)(ii) of gratuity act so I am not eligible.

My argument is I fall into 2A(2)(a)(i) of gratuity act as I have been assigned to group A.

Following organisation policy/documents support my 5 days working argument,

  1. Leave Policy
  2. Daily Timesheet shows Saturday/Sunday as weekly off

Kindly advise.

 
Reply   
 

Dear Sir,

Thank you for quick response.

I work in Tata Technologies Ltd. and my organisation has declined in writing but over email, not on organisation letter head. I will get it written on letter head asap.
Can you please help me to understand how to strengthen my case for gratuity claim?

I found one thread as below which resembles / supports my case:

http://www.lawyersclubindia.com/forum/Gratuity-different-weekly-working-days-in-organisation-177741.asp

 
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