Notification period/gratuity/bonus

>> Gratuity:

If Payment of Gratuity Act is applicable to your establishment you should be eligible for payment of gratuity.

You may go thru:

 Section: 1:Short title, extent, application and commencement: (3) (a) (b) (c), 3A……………………

Submit FormI as ap by redg. post. There is no wage ceiling for payment of gratuity.

Write to good offices of appointing authority, MD etc………………that you have been asking for it and no notice for Determination of Gratuity has been supplied to you.

>> Bonus; If Payment of Bonus Act, 1965 is applicable to your establishment you may go thru it.

It is applicable to all employee be it even managerial except excluded category of employees {Section 32}

For the purpose of calculation of bonus a salary or wage includes a basic salary or wage and dearness allowance…………………{Section 2(21)}

{{{ You may go thru the break up of salary as shown in your EPF statement, pay slip.

If company has paid EPF on Rs.6500/only claim it as your basic salary.}}

Every employee who is drawing a salary or wage upto Rs. 10000.00 per month (w.e.f. 1-4-2006) and who has worked for minimum period of 30 days in a year is entitled to be paid bonus. {Section 2(13) & 8}

To avoid penalty employer should pay bonus within 30^th Nov.

{Other option is that:

THE PAYMENT OF BONUS (AMENDMENT) BILL, 2012

has been introduced in Rajya Sabha. If it passed and notified in the Gazette with retrospective effect you should be eligible to get bonus.}

>> Appointment letter/Pay Slip/Wage Slip:

As per Shops and Commercial establishment’s act of many states it is mandatory of issue appointment letter. The employer has to maintain forms/formats/registers of payment of wages to employees and maintain record.

Payment of Wages Act: (Applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm)

It is mandatory to issue Wage Slip to employee and employer and employee should sign it and to maintain the record.{Sec13A}

You may demand all wage slips of all years.

The time for payment of wages including FNF wages is last day in office/usual pay day………….{Sec 2: 3(vi) (d)}

If FNF statement is incorrect and/or your acceptance is obtained by force, coercion declare acceptance by force, coerce, intimidation, and withdraw acceptance and decline to  accept …………………….

>> PF: Approach RPFC in local o/o Labor Commissioner.

>> ESIC: Wage ceiling is Rs.15000/pm and has recently been increased to Rs.25000/pm.

Approach Inspector in local or jurisdictional office.

{{{ You may go thru the break up of salary as shown in your EPF statement, pay slip.

If company has paid EPF on Rs.6500/only claim it as your basic salary.}}

Form 16: Lodge complaint with ITO-TDS where you file return and jurisdictional CIT-TDS where company files its return.

It shall be appropriate to show all of your docs and record to a competent and experienced labor consultant/service lawyer and proceed under expert advice.

The lawyer that has seen all of your docs can advise you the best.

Thanks for your detailed information Sir !

Kindly clear some confusion also :

1.   1.  When I joined this proprietorship establishment the employee strength was more than 10 and it is increased to 250 or more also (as per esic & epf records). Later this establishment converted to pvt. ltd. with same proprietor as director. The company providing its services coverage to PAN india level as man power supply contractor. Is the gratuity act is applicable here?

2.      2. I tried to convince major MDs and HR head also but I got disappointment only after having conversation like I am the first to ask gratuity. As MD is also belongs to advocates circle I am afraid of being harassed more if they are not agreed to pay me gratuity. I am only having my digitally printed plastic I- Card (showing date of joining), my outlook data of my working communications, last 5-6 bank transaction of my salary transferred in to my bank account, snap of last salary payment voucher and my EPF account no. (as per EPF return) only. Are these documents sufficient to go further way?

1. Go thru Payment of Gratuity Act 1972:  Section: 1:Short title, extent, application and commencement: (3) (a) (b) (c), 3A…………..carefully.

If you have not resigned from Prop. firm and join Pvt. Ltd  firm there should be no braek in service. Even if you have your lawyer may advise that it was an artificial break created to circumvent the payment of gratuity.

2. Even if the MD is a Minister the establishment to which Act is applicable has to pay Gratuity to all eligible employees.

Submit FormI under redg. post and mention M/s…………….Pvt Ltd/Previously M/s………….

ESIC,EPF, Digital I Card, Forms and Formats under Payments of wages Act, Shops and Commercial establishments Act should suffice as record of employment, DOJ in salary slip, service card…………….. should suffice.

For issues on expected harassment or other issues It shall be appropriate to show all of your docs and record to a competent and experienced labor consultant/service lawyer and proceed under expert advice.

The lawyer that has seen all of your docs can advise you the best.