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vipingehlot   12 March 2015

Not getting gratuity

Dear Sir,


I joined a Company "ABC Corporation" in 2007. During "ABC Corporation" in 2007 company was not deducting employees PF including me also.  After 4 years of joining, company changed its name as "ABC computing & consulting pvt ltd.". Now I had a PF account in this name changed company. I have spent 7.8 years in this company, now left. Company didn't pay gratuity to me. Owner of company deny to give gratuity. Is it valid or company should pay me my gratuity. If it is not valid then for getting my gratuity what can I do ?
 

Thanks & Regards



Learning

 8 Replies

Kumar Doab (FIN)     12 March 2015

What was this establishment: ABC Corporation and What is this:ABC Computing and Consulting : Commercial or Industrial?

You were in which state?

Your reporting office was in which state?

Redg. office of the company is in which state?

How many people were employed in the establishment at the time you joined and now?

Were you issued with any appointment letter,salary slip,Form16 by M/s ABC Corporation?

What was your salary (basic+DA) at the time of joining?

 

Were you asked to resign from M/s ABC Corporation ?

Did you sign any FnF statement issued by M/s ABC Corporation ?

Did M/s ABC Computing and Consulting issue new appointment letter to you?

Did you submit FormI and do you have its acknowledgment?

Has the company declined in writing?

 

Is it only change of name or the company has been sold/acquired/takenover?

If it is sale/takeover then what are the T&C communicated on continuity of service and liablity to pay Gratuity?

What was and now what is your designation and nature of duties?

You may reply pointwise to each point to proceed further in the query.

 

 

vipingehlot   12 March 2015

Not clear from this link. Please resolve my issue.

Kumar Doab (FIN)     12 March 2015

Reply pointwise to each point and it might be possible to resolve.

vipingehlot   12 March 2015

Hi,

 

What was this establishment: ABC Corporation and What is this:ABC Computing and Consulting : Commercial or Industrial? Its a IT software company.

You were in which state? In Delhi

Your reporting office was in which state? ABC Corporation - In Delhi , ABC Computing and Consulting Pvt Ltd - In Gurgaon,Haryana

Redg. office of the company is in which state? In Delhi

How many people were employed in the establishment at the time you joined and now?At joining time there were about 18 employees and now its more then 50.

Were you issued with any appointment letter,salary slip,Form16 by M/s ABC Corporation? I have issued Appointment letter by ABC corporation. No Form16 and No Salary slip were provide. Salary was submitted in Bank Account.

What was your salary (basic+DA) at the time of joining? At time of Joining Total Salary was 5000 / month.

 
Were you asked to resign from M/s ABC Corporation ? No

Did you sign any FnF statement issued by M/s ABC Corporation ? No

Did M/s ABC Computing and Consulting issue new appointment letter to you? No

Did you submit FormI and do you have its acknowledgment? I didn't submit FormI

Has the company declined in writing? No, it was verbally

 
Is it only change of name or the company has been sold/acquired/takenover? Only change of company name

If it is sale/takeover then what are the T&C communicated on continuity of service and liability to pay Gratuity? NA

What was and now what is your designation and nature of duties? During joining I was trainee and when I left this company I was team lead.

If you need any more info then let me know.

Kumar Doab (FIN)     12 March 2015

Submit FormI under proper acknowledgment.

There is no wage ceiling for Gratuity. You are eligible to get @ {(Basic+DA)/26*15*No. of years in service}

Here basic+DA is as per last drawn wages and NO. of years may be taken as 8 ( you have served for 7.8Y as per your first post).

PF: The earlier wage ceiling was Rs.6500, hence you were eligible for PF and also ESIC.

The Trainee until or unless taken on rolls as 'Trainee' under management's standing orders, or as 'Apprentice'  under Apprenticeship Act & Apprenticeship Rules  are elgible.

Also If your designation was 'Trainee' for name sake and you were performing duties of a regular employee and fetching revenue and profits for company then company may not succeed with its claim to avoid payments of PF,ESIC etc..........and may rather be penalized for avoiding PF,ESIC etc..................

 

Salary slip is to be provided to each employee;Payment of Wages Act:Sec13A, Min Wages Central Rules :26(3,4)............and many registers prescribed under :

Delhi Shops and Establishments Rules :framed under  Delhi Shops and Establishments Act

Punjab Shops and Establishments Rules :framed under Punjab Shops and Establishments Act (Haryana follow it) are to be maintained by employer. All Deductions from earned wages e.g. statutory deduction  of PF,ESIC is to be mentioned in salary slip.......

 

You are also eligible for Bonus of each year..............Min being @8.33%............

 

You may claim employer's contribution of PF, ESIC from employer also, bonus,leave encashment.........etc.......

You can lodge complaint with Inspectors appointed under all Acts mentioned above at;Your last location, HO of the company, Redg. Office of the company, location declared jurisdiction of courts in appointment letter................

 

The labor inspector in local o/o Labor commissioner may also be functioning as Inspector under other Acts too......

YOu can also approach Employee's/IT employee's/Trade Unions e.g. CITU,INTUC,AITUC,BMS etc..................................

You msu t demand salary slip of each month of employment,PF a/c slips of each year, FnF statement in original duly signed with seal on company's letterhead.

You seem to have a good case........... 

 

 

 

vipingehlot   17 March 2015

Thanks Doab Ji. But what if Gratuity clause is not mention in offer/appointment letter? Then company have rights not to give this amount to employee??

Kumar Doab (FIN)     17 March 2015

An establishment to which:

---Payment of  Gratuity Act is applicable has to pay Gratuity to all eligible employees.

---PF Act is applicable has to provide for PF

---ESI Act is applicable has to provide ESIC

 

even if no mention is made about in appointment letter.


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