Dear Sir,
I worked in Private Limited company from 21.12.2012 to 12-05-2018. i also got my salary direct by RTGS/NEFT in salary account(which opened by company for me in March 2013.) in HDFC Bank. now after resigned i asked for Gratuity to company HR, but he denied my request by saying that i am on payroll as a trainee in company till March 2014 after they place me on roll in company so company not pay my gratuity amount. i asked to give appointment letter copy with my signatured where mentioned that i am on payroll base or as a trainee but HR not give to me till time. i have not joined as a trainee or payroll, request to you pl help me. what should i do in this matter. is there any other way to explain to company's HR or any legal action suggested for me to take.
Regards,
Rohit Gohel
From India, Ahmedabad
I worked in Private Limited company from 21.12.2012 to 12-05-2018. i also got my salary direct by RTGS/NEFT in salary account(which opened by company for me in March 2013.) in HDFC Bank. now after resigned i asked for Gratuity to company HR, but he denied my request by saying that i am on payroll as a trainee in company till March 2014 after they place me on roll in company so company not pay my gratuity amount. i asked to give appointment letter copy with my signatured where mentioned that i am on payroll base or as a trainee but HR not give to me till time. i have not joined as a trainee or payroll, request to you pl help me. what should i do in this matter. is there any other way to explain to company's HR or any legal action suggested for me to take.
Regards,
Rohit Gohel
From India, Ahmedabad
Dear Rohit,
Designation can not be a conclusive proof of a person's employment status. No employee could be a trainee for almost 15 consecutive months in an organization unless and otherwise he was recruited only as a trainee under a scheme of training with stipend. Therefore, notwithstanding the nomenclature as trainee in the company records, such a person would be an " employee " as defined under the Payment of Gratuity Act,1972. Better engage the services of an advocate and file a claim for gratuity before the Controlling Authority under the Act.
From India, Salem
6018Designation can not be a conclusive proof of a person's employment status. No employee could be a trainee for almost 15 consecutive months in an organization unless and otherwise he was recruited only as a trainee under a scheme of training with stipend. Therefore, notwithstanding the nomenclature as trainee in the company records, such a person would be an " employee " as defined under the Payment of Gratuity Act,1972. Better engage the services of an advocate and file a claim for gratuity before the Controlling Authority under the Act.
From India, Salem
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PF Judgement - SC - Trainee - 2006.doc
FORM-F-NOMINATI ON OF GRATUITY.pdf