Dear All
one of my friends has worked for a reputed gp for more than 13 Yrs.
He started his career in one unit worked for 5.5 yrs then got transferred to other unit of same group at different location and worked there for 8yrs. Now he got some better option hence submitted the resignation. The problem is that company has refused to release gratuity . His present basic while leaving is 33000p.m . What can be done in such case. Can anyone please suggest out a solution
Regards
KIRAN ARORA
From India, Srinagar
4one of my friends has worked for a reputed gp for more than 13 Yrs.
He started his career in one unit worked for 5.5 yrs then got transferred to other unit of same group at different location and worked there for 8yrs. Now he got some better option hence submitted the resignation. The problem is that company has refused to release gratuity . His present basic while leaving is 33000p.m . What can be done in such case. Can anyone please suggest out a solution
Regards
KIRAN ARORA
From India, Srinagar
Dear Kiran,
Your friend should cotact to HR department of his company & ask reason for not giving gratuity. If they are not giving satisfactory answer then send a legal notice if has proof of serving for 13 years for the same group & transferred from 1 unit to another unit of same group.
You may contact me for further detail on 09925150259
Thanks,
Amit Kumar Tawar
From India, Mundra
Your friend should cotact to HR department of his company & ask reason for not giving gratuity. If they are not giving satisfactory answer then send a legal notice if has proof of serving for 13 years for the same group & transferred from 1 unit to another unit of same group.
You may contact me for further detail on 09925150259
Thanks,
Amit Kumar Tawar
From India, Mundra
Thanks Mr. Tawar
Basically his company sent him to someoverseas project for two yrs with
verbal commitments of family relocation terms and assurance for written
terms with in a month and after one month refused regarding same . Finally he looked for some other option.HRpeople want to hold him without fulfilling commitments. hence the tusser started.
There is now no satisfactory answer now with company HR and the fellow was avoiding legal notices as he neverwanted to have harsh terms while leaving and wishes to settle down matter amicably without
any hassels.
This is what I know rest I will tell himto talk to you
if you can even suggest anyother way out. Ofcourse all the proofs regarding services as salary slips,pf statements, annual increment letters,promotion letter as well as transferorders in written are there.
Regards
KIRAN ARORA
From India, Srinagar
Basically his company sent him to someoverseas project for two yrs with
verbal commitments of family relocation terms and assurance for written
terms with in a month and after one month refused regarding same . Finally he looked for some other option.HRpeople want to hold him without fulfilling commitments. hence the tusser started.
There is now no satisfactory answer now with company HR and the fellow was avoiding legal notices as he neverwanted to have harsh terms while leaving and wishes to settle down matter amicably without
any hassels.
This is what I know rest I will tell himto talk to you
if you can even suggest anyother way out. Ofcourse all the proofs regarding services as salary slips,pf statements, annual increment letters,promotion letter as well as transferorders in written are there.
Regards
KIRAN ARORA
From India, Srinagar
As far as I know, one can still amicably settle the issue without necessarily foregoing Gratuity. Gratuity is not a mere gratuity of the employer, it is statutorily payable to any employee if the minimum number of years served in an organisation is 5 or more years (unless in the case of death where the period of service served is >1 and <5).
The only time Gratuity can be with held is if any serious disciplinary issue is either pending or any serious breach of discipline has been proved to the determinant of the quitting or dismissed employee. This I am basing on my memory of the statute many years back since which I have since been working abroad. Kindly check the statutes (Payment of Gratuity Act) or wait for some more views for further clarifications.
Regards,
M.A.Ganju
From United Arab Emirates, Sharjah
The only time Gratuity can be with held is if any serious disciplinary issue is either pending or any serious breach of discipline has been proved to the determinant of the quitting or dismissed employee. This I am basing on my memory of the statute many years back since which I have since been working abroad. Kindly check the statutes (Payment of Gratuity Act) or wait for some more views for further clarifications.
Regards,
M.A.Ganju
From United Arab Emirates, Sharjah
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc