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SAGAR   10 July 2023

Non providing of form 16

Hello all, 

I am Sagar.

1. In the month of March, 2023 I resigned from my previous company where I worked 5 years 11 months and served 1 month notice period as per the company policy. From resigned date( 16 th March) till now company not complete my full and final settlement value or not shared my any final value. Now when I am asking for the form16, they refused and told me, there is some due on my side ( I have to pay to company) and till that they will not provide me form 16.

Now it's more than 3 months they not shared me any details and dues details. Now they harrasing me for the same. 

2. In the contract 5 years mentioned for the gratuity, and I worked 4 years 11 months ( 1 year on the contract basis) Am I eligible for the gratuity

Is there any way to resolved...??? 


 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     10 July 2023

An employee is eligible for gratuity payment after completing 5 years of continuous service with one employer. Employer can decline to issue Form 16 in case there is no deduction of tax at source.It is clear from a bare reading of section 203 of the I T Act and the relevant rule 31 of IT Rule . [Certificate for tax deducted. 203.

Real Soul.... (LEGAL)     10 July 2023

WHy don you issue a legal notice to them and file complaint in Labor department

T. Kalaiselvan, Advocate (Advocate)     10 July 2023

Since your employer is not responding to your efforts to solve the issue amicably you may resort to legal process by first issuing a legal notice demanidng all your dues.

If the employer is not responding or complying with the demands made, you may escalate the matter through legal forums and seek relief and remedy 

P. Venu (Advocate)     11 July 2023

Yes, you may serve legal notice, as suggested. 

As regards to gratuity, is it 4 years 11months, or 5years 11months. Anyhow, you are entitled for gratuity.

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