I worked in a pvt ltd company for 5 years and 10 months and when i applied to gratuity they replied that they have not applied for the gratuity and they did not deduct any amount from the salary related to gratuity. So they are not bound to pay the gratuity. Is it Right?
From India, Noida
From India, Noida
Either your previous Company is ignorant about law and their HR team is spacious, or they are trying to make a fool of you.
There are enough posts on this subject on the forum, you can search on the top (research button)
Basically gratuity is an amount that the employer needs to pay the employee who has worked for a continious period of 5 years or more. It is not deducted from salary and needs to be paid as an additional amount during settlement when the person leaves the organisation.
You can file a complaint against them with the authority under gratuity act, who is generally the chief labour commissioner of the area
From India, Mumbai
2395There are enough posts on this subject on the forum, you can search on the top (research button)
Basically gratuity is an amount that the employer needs to pay the employee who has worked for a continious period of 5 years or more. It is not deducted from salary and needs to be paid as an additional amount during settlement when the person leaves the organisation.
You can file a complaint against them with the authority under gratuity act, who is generally the chief labour commissioner of the area
From India, Mumbai
In addition to saswata and rao i also quote the company is misleading you and you and entitled for payment of gratuity of six years of service. Thanks & Regards, From, Sumit Kumar Saxena
From India, Ghaziabad
From India, Ghaziabad
Apart from what others said herein above, please claim your gratuity by filing FORM I before the company giving them one month's time. If they fail to pay gratuity within one month, approach the controlling authority under the payment of gratuity act with FORM N. Please note that you have to submit FORM I within a month from the last date of work and FORM N within next 3 months, otherwise you have to file a condonation of delay petition along with FORM N.
You can check my blog at www.labourlawhub.com for more information on labour laws.
From India, Kolkata
You can check my blog at www.labourlawhub.com for more information on labour laws.
From India, Kolkata
Dear Mr. Sanjay,
What other learned members like Mr. Nathrao and Mr. Saswata Banerjee , Mr. Sumit Saxena and Mr. Ritesh Maity have said I concur with them. However one thing they might have slipped off. I would like to know that how many employees are there in your organization. If the number is below 10 (ten ) then Company can evade your gratuity claim.
Seniors please correct if the above statement needs to be corrected.
Regards
From United States, New York
What other learned members like Mr. Nathrao and Mr. Saswata Banerjee , Mr. Sumit Saxena and Mr. Ritesh Maity have said I concur with them. However one thing they might have slipped off. I would like to know that how many employees are there in your organization. If the number is below 10 (ten ) then Company can evade your gratuity claim.
Seniors please correct if the above statement needs to be corrected.
Regards
From United States, New York
No employee needs needs to apply to claim gratuity payment. It is the obligation of the employer to give the gratuity amount to the concerned employee within a month. After one month If any employer does not pay the gratuity amount then he is liable to pay the whole amount with interest.
So, It is the obligation of Employer.
Regards
Dinesh Kumar
From India, New Delhi
So, It is the obligation of Employer.
Regards
Dinesh Kumar
From India, New Delhi
Go and File a case in Central Labour office, they automatically clears your gratuity & also the company will be penalised for this activity.
From India, Hyderabad
From India, Hyderabad
Hi Sanjay,
The company is liable to pay you gratuity if you have completed 5 years of service.
For gratuity, no deduction from employee's compensation is required.
Suggest to refer Gratuity Compliance Wiki The Payment of Gratuity Act,1972
From India, Bangalore
The company is liable to pay you gratuity if you have completed 5 years of service.
For gratuity, no deduction from employee's compensation is required.
Suggest to refer Gratuity Compliance Wiki The Payment of Gratuity Act,1972
From India, Bangalore
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc