Good Day
I have worked for an IT Company based in Chennai for 15 years. From Oct 2000 to July 2013 in the Indian Payroll and deployed in Saudi Arabia from Aug 2013 to May 2015. I have resigned from my services by end of May 2015. I am requesting forum members to suggest how do i get my Gratuity amount for the period worked in India. The employer is not willing to settle the gratuity amount. The organization is based in Chennai.
Kindly suggest to get my gratuity amount.
From India, Chennai
I have worked for an IT Company based in Chennai for 15 years. From Oct 2000 to July 2013 in the Indian Payroll and deployed in Saudi Arabia from Aug 2013 to May 2015. I have resigned from my services by end of May 2015. I am requesting forum members to suggest how do i get my Gratuity amount for the period worked in India. The employer is not willing to settle the gratuity amount. The organization is based in Chennai.
Kindly suggest to get my gratuity amount.
From India, Chennai
Hi firstly as per my knowledge for the work period of urs in India if the employer have deducted ur gratuity from ur salary that will be mentioned in your salary slip and if not in your appointment letter it will me mentioned that you will be under ur gratuity scheme .an employer is bound to settle an employee gratuity it's a right of the employee to demand the same and secondly the tenure u were in Saudi Arab if they have deducted the gratuity in that case also the whole tenure of your 15 yrs gratuity you will get but the procedure time depends upon company to company so better u check with your hr dept reharding the time they will take in settling yours
From India, Kolkata
From India, Kolkata
You are entitled for gratuity.
Put up a letter to the company clearly spelling out the periods you worked and ask for gratuity.
Letter should be by Registered Post acknowledgement due or by Speed Post,so that record of delivery is available.
In case company fails to react,probably you can approach Labour officer of the area.
Before approaching labour officer make sure that you take the relieving letter and experience certificate from company.
From India, Pune
3131Put up a letter to the company clearly spelling out the periods you worked and ask for gratuity.
Letter should be by Registered Post acknowledgement due or by Speed Post,so that record of delivery is available.
In case company fails to react,probably you can approach Labour officer of the area.
Before approaching labour officer make sure that you take the relieving letter and experience certificate from company.
From India, Pune
This is your first ever post on this knowledge sharing platform. You became a member of this open forum today itself. You are most welcome in participating here.
I read your post and taken a pause before responding. I was thinking whether to respond you or not.
My intention is not to heart you but advise you to study first before posting any thing so that no wrong thing is communicated. This advise is not only to you but to every member of this forum including me. I know I am exceeding myself here but when I read that gratuity is deducted from salary, I could not controlled myself.
I apologize for this post.
From India, Mumbai
Dear Venky110469,
Gratuity is payable by employer as per the Payment of Gratuity Act 1972. This Act is applicable to:
i. Every factory, mine, oilfield, plantation, port and railway company;
ii. Every shop or commercial establishment employing ten or more persons;
iii. Other establishments or class of establishments employing ten or more persons, by notification of Central Government.
Gratuity is payable on the termination of his employment after rendering continuous service for not less than five years. I am not going in details in this. This subject is discussed on this forum many times.
The employer is suppose to settle Gratuity in 30 days.
You are therefore advised to:
1. Make an application immediately to your employer in Form I;
2. If you employer does not take any action on your application, please apply to Controlling Authority (CA) in Form N in 90 days of occurrence of cause for application for issuing necessary direction to your employer for making the payment of Gratuity;
3. If CA doesnot issue order of direction to your employer or the order is not in your favour, please prefer an appeal to Appellate Athority with in 60 days;
4. If the amount of gratuity is not paid in spite of order of CA or Appellate Authority, please apply to CA in form T for recovery of the amount through collector as arrears Pf land revenue.
You will get all the forms in POG Act 1972.
From India, Mumbai
Gratuity is payable by employer as per the Payment of Gratuity Act 1972. This Act is applicable to:
i. Every factory, mine, oilfield, plantation, port and railway company;
ii. Every shop or commercial establishment employing ten or more persons;
iii. Other establishments or class of establishments employing ten or more persons, by notification of Central Government.
Gratuity is payable on the termination of his employment after rendering continuous service for not less than five years. I am not going in details in this. This subject is discussed on this forum many times.
The employer is suppose to settle Gratuity in 30 days.
You are therefore advised to:
1. Make an application immediately to your employer in Form I;
2. If you employer does not take any action on your application, please apply to Controlling Authority (CA) in Form N in 90 days of occurrence of cause for application for issuing necessary direction to your employer for making the payment of Gratuity;
3. If CA doesnot issue order of direction to your employer or the order is not in your favour, please prefer an appeal to Appellate Athority with in 60 days;
4. If the amount of gratuity is not paid in spite of order of CA or Appellate Authority, please apply to CA in form T for recovery of the amount through collector as arrears Pf land revenue.
You will get all the forms in POG Act 1972.
From India, Mumbai
Thanks Mr. Korgaonkar,
You have given a specific & proper information and steps to be follow.
I would like to know how many years of service would be considered for Gratuity purpose.
Thanks and Regards in advance
From India, Pune
You have given a specific & proper information and steps to be follow.
I would like to know how many years of service would be considered for Gratuity purpose.
Thanks and Regards in advance
From India, Pune
Dear Pramodthakar,
Thanks for your acknowledgement to my post.
Also thanks for inviting me in the discussion further.
This matter is discussed on this forum many times and there are different views expressed by the members. This forum is open forum in which any one can write any thing and no discussion is concluded to valid or convincing point. This subject matter is also not reached to any valid or convincing point. This subject is discussed in many threads haywire.
Knowing the decision by Madras HC and Kerala HC, I still have a view that to get eligible for gratuity one has to render continuous service for not less than five years. However, those who fall under the jurisdiction of Madras HC and Kerala HC, the said decisions can not be disregarded by them.
I repeat this in different words as under:
Person would not be legally bound to follow the decision of the Madras HC and Kerala HC in respect of the locations / establishments of that person situated outside the State of Tamil Nadu and Kerala.
However, in the State of Tamil Nadu and Kerala, the person’s establishment will be bound by the decision of the Madras HC and Kerala HC until this decisions are not challenged in SC.
I know that I am not an expert. I am an ordinary member of this forum. But still I used this platform to express my views upon your invitation which needs to be examined by experts.
From India, Mumbai
Thanks for your acknowledgement to my post.
Also thanks for inviting me in the discussion further.
This matter is discussed on this forum many times and there are different views expressed by the members. This forum is open forum in which any one can write any thing and no discussion is concluded to valid or convincing point. This subject matter is also not reached to any valid or convincing point. This subject is discussed in many threads haywire.
Knowing the decision by Madras HC and Kerala HC, I still have a view that to get eligible for gratuity one has to render continuous service for not less than five years. However, those who fall under the jurisdiction of Madras HC and Kerala HC, the said decisions can not be disregarded by them.
I repeat this in different words as under:
Person would not be legally bound to follow the decision of the Madras HC and Kerala HC in respect of the locations / establishments of that person situated outside the State of Tamil Nadu and Kerala.
However, in the State of Tamil Nadu and Kerala, the person’s establishment will be bound by the decision of the Madras HC and Kerala HC until this decisions are not challenged in SC.
I know that I am not an expert. I am an ordinary member of this forum. But still I used this platform to express my views upon your invitation which needs to be examined by experts.
From India, Mumbai
Dear Friends,
To bring clarity on the query raised by Pramodthakar, please read completely below given link:
https://www.citehr.com/108564-sc-jud...-download.html
.................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................
From India, Mumbai
To bring clarity on the query raised by Pramodthakar, please read completely below given link:
https://www.citehr.com/108564-sc-jud...-download.html
.................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................
From India, Mumbai
Hello Korgaonkar,
W.r.t. your line "I am an ordinary member of this forum", I don't think you need to to be apologetic about being 'ordinary'.
Remember the story of 'The ant & the elephant'?
Quite often I have noticed in this very Forum that senior members [couple of times me included] missing out finer points that were pointed-out by, what you call, 'ordinary members'.
It's the 'what' & 'how' that finally matters....NOT 'who'.
And frankly, the moment the 'who' begins to dominate in Forums such as CiteHR, that would surely be the beginning of the end [as you can see so often in politics & public life].
Rgds,
TS
From India, Hyderabad
W.r.t. your line "I am an ordinary member of this forum", I don't think you need to to be apologetic about being 'ordinary'.
Remember the story of 'The ant & the elephant'?
Quite often I have noticed in this very Forum that senior members [couple of times me included] missing out finer points that were pointed-out by, what you call, 'ordinary members'.
It's the 'what' & 'how' that finally matters....NOT 'who'.
And frankly, the moment the 'who' begins to dominate in Forums such as CiteHR, that would surely be the beginning of the end [as you can see so often in politics & public life].
Rgds,
TS
From India, Hyderabad
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