Gratuity eligibility

>>Did the company issues pay/wage slip every month, and provide for PF, ESIC, Group Insurance, Bonus etc...........................

All of these are proof of employment.

Salary slip has to be issued by employer before payment of salary and should be signed by both employer and employee.

Payment of wages Act: Sec 13A. Employer has to maintain record of wages paid for 3 years as per this Act.

Employer has of maintain proper record of various forms and registers under Shops and Commercial establishments Act too.

This shall provide proof of continuous employment.

>> If you have in uninterrupted employment then you should be eligible.

You may shift from saying, asking, hearing mode to written mode.      

Submit a written representation under proper acknowledgment addressed to appointing authority, Chairman, and narrate all representation made so far in person, by phone, email etc (mention dates, phone numbers, names...............brief minutes of discussion) and conclude that despite representations Notice of Determination of Gratuity has not been supplied to you and that FormI is attached herewith and demand acknowledgment of the same by redg. post.

Employer should have supplied the payment within 30 days form DOL.

You should be eligible for interest@10%pa.

If you are facing difficulties you may approach your labor consultant/service lawyer and proceed under expert advice of your lawyer.