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anna-neelkanth
Dear Sir,
I run a small software company in Ernakulam. We were 15 employees and last year the company went into loses. Due to the loses occurred i was not able to make payment to some of my employees and they left the job. Whoever has left the job i have settled all their dues. Now we are catching up with the storm and have presently 10 employees whom i have taken as trainees ( freshers).
One of my employee who was working with us before for 6.7 yrs have gone to the labour office and registered a complaint mentioning that we have not paid him Gratutiy. He resigned from the firm in the month of Jan 2018 and the complaint is given on 5th May 2018 after we paid him all his pending salaries.
I was am not aware of Gratuity terms and neither he has send us any kind of request for the same. Please guide me on this.
Regards
Anna.

From India, Chennai
umakanthan53
6018

Dear friend,
Ignorance of Law can not be an excuse. Similarly, gratuity being an inalienable service right of an employee on his termination can not be denied on the basis of no claim or belated claim. Better calculate the gratuity based on the sum of his basic and D.A last drawn and deposit with the Controlling Authority under the P.G Act,1972 together with simple interest @ 10% p.a up to the date of deposit.

From India, Salem
Babu Alexander
294

What are the documentary evidence to prove that he worked for 6,5 years in your establishment, you feel the ex-employee would be/ may be having? When you have settled their accounts 'What was was the wordings in the settlement voucher for the employee?
From India, Madras
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