I worked for a company for 4.8 Years . Mar 2012-Nov2016. I requested them for gratuity, but they denied stating resource should complete 5 Years of employment. I already quoted Sec 2A of gratuity act to them. Still they are not willing to pay this amount. We work for 5 days a week and 4 hours on Saturday. Can anyone suggest me how to handle this situation. Its a IT Consulting Company
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1) issue legal notice to company to pay your gratuity amount
2) if company inspite of notice refuses to pay you can file claim before the Controlling Authority under the Payment of Gratuity Act within the area, your employer's establishment is situated or where you were working at the time of termination.
Thanks Mr. Sethi. I worked out of Pune , I have no clue how to issue a notice to the establishment. Could you pls suggest
1) you can contact any lawyer in this regard for issue of notice
2) he can forward you draft of the notice online for your approval
3) after your approval notice can be sent to company by speed post AD or regd post AD or courier
You are eligible for Gratuity as you have completed five years of service in the organisation. If an employee works 240 days including paid holidays in a year, it is counted as one year continued service.
In ordinary course an employer should pay gratuity to its employee, when one retires or quits employment after serving the requisite period, within a reasonable time . If the employer fails to act then employee should demand the gratuity. Such demand if not met by the employer shall entitle the employee for payment of interest on the gratuity amount from the date of demand. If the employee does not demand the gratuity as prescribed in Payment of Gratuity Rules, the employee might not get the interest on late payment.
There is prescribed form which should be filled up and given to the employer. It is available in the Rules and you can also download from the net. If the employer does not pay even then, then you have to file a claim before the Authority under Payment of Gratuity Act which generally is Dy. Labour Commissioner/Assistant labour Commissioner of the area,.in the prescribed proforma, available in the Rules. He will adjudicate and issue a certificate for payment of the amount and send it to Dy collector to recover it as land revenue.
Did you make a representation seeking gratuity in writing?
If not send a notice claiming gratuity by registered post, let them give the same reply stating the rule of completion of 5 years, they can be dragged to labor court to get your grievances redressed.
You are eligible for gratuity payment
I worked out of Pune , I have no clue how to issue a notice to the establishment. Could you pls suggest
You can contact a local lawyer and get the task done
Legal notice can be issued by you also but you may not be aware of the legal jargon involved in it.
Serve a lawyer's notice immediately to the company to release your gratuity and if they do not do release it even after the notice from your lawyer then you may file a suit for mandatory injunction against the company.
