Dear Sir, I was working with a IT company since June 2013. In my employment the gratuity amount was part of my CTC. In 2016, company has decided to send me to UK on ICT visa for a year to join their UK company. Before leaving from India, they did my full and final settlement and paid the amount, in which Gratuity was not paid, since my 5 years were not completed. When I came back from UK they took my again on the same CTC on which I was working before in India payroll. Now, I have left the company on Nov 2018. Company is claiming not to pay my gratuity amount. Please advice.
Dear Client,
Foe eligibility for gratuituy it should be continuous service of 4 year 10months 11days is considered to have completed 5 years.
If you worked in same company with same incorporation no. than you are eligible for gratuity. Complain to labour commissioner.
you have legal resource to complaint to labour officer about the unfair practice of your employer.
Sir kindly complaint before the labour comissioner since you were in continuous employement with the same company they require to pay for gratuity amount. Under the gratuity act the labour comissioner is proper authority.
Furthermore what were the terms of full and final settlement when you were sent to UK??
You were on pay rolls of UK company for period of one year
2) before you left India Indian company had paid your dues in full and final settlement
3) you are not entitled to gratuity
If your 5 years service is complete then only you are entitled to gratutiy once you completed 5 years. If they are not paying you then you can file a case in labour court against them.
Eventually as per the record you are not entitled for any graduate E payment as you have not completed five year of continuous service in the same company . Although in fact you have worked in sister concern of the same company but that does not bind the parent company to give you the gratuity payment for the entire period due to broken service period
Since you have signed full n final settlement in 2016, its stop your continuation of work so you're not eligible for gratuity
Please file an application before the Controlling Authority of the Area.
If you were on the rolls of company continuously for 5 years or more then you are eligible for gratuity.
If the company is refusing to give the same , you can ask them to give in writing on the basis of your letter demanding gratuity.
You can approach the Commissioner for gratuity in your jurisdiction for relief and remedy based on the denial of the employer.
If the employer is not giving in writing then you may issue a legal notice through a lawyer in the local, demanding gratuity, let him give a reply or not, you can take legal steps against him after that in this regard.
This is my response to you:
1. They are bound to pay you;
2. Since you left for UK on company's orders, it does not deprive you of the gratuity;
3. You were still employed for the company;
4. There was continuity in your employment irrespecive of where you are;
5. You can send them a legal notice firstly;
6. If they do not respond then as a method of last resort approach the labour court.
