Pf and graduity

Do you have copy of PF, Gratuity Rules applicable to establishment?

You are teaching, Non teaching staff?

Are you still employed with same establishment?

If yes; post link or attach..

 Erase all names etc to maintain confidentiality.

Assuming that  Payment of Gratuity Act is applicable to such establishment in which you are working

GO thru

Payment of Gratuity Act, 1972;1,2A

https://clc.gov.in/clc/sites/default/files/PaymentofGratuityAct.pdf

and check if your establishment is covered and you are eligible..

You may also go thru simple to understand:

THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972

https://labour.gov.in/sites/default/files/ThePaymentofGratuityRules.pdf

and simple to understand  Rules by your state e.g;

The Payment of Gratuity (Maharashtra) Rules, 1972

https://www.esipf.com/labour-law/the%20gratuity%20act.pdf

If you are a teacher and Act applies to establishment , you should be eligible;

GO thru details at;

Discussion > Labour & Service Law > Gratuity > Is the private school teachers applicable for gratuity ?

https://www.lawyersclubindia.com/forum/Is-the-private-school-teachers-applicable-for-gratuity--92288.asp

If you are NOn teaching staff you should be eligble..

If Act applies and condition in Sec;1 is satisfied you should be eligible..

Perspectives;

Employer can pay Gratuity on LWD with FnF..

 Employee can submit letter to pay Gratuity 30days before LWD..

Still; You are  closest to the facts and nature of establishment and bosses and HR personnel you are working with……….

And may keep copy of notice of resignation (also POD), and get offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………

After relieving submit letter under proper acknowledgment stating that ‘Notice of Determination of Gratuity’, payment, requisite forms are not supplied and may be supplied…

If employer does not pay within 30days from LWD IT has to tender interest @10%pa…

Rest post PF, Gratuity Rules..

If PF is not deducted then contact PF office of the area.

If you were eligible for PF from DOJ to date then as per applicable PF rules you can act...

Mr. Sudhir Kumar has been advising on PF matters with deep insights and you can benefit from his advise.