Let me introduced myself. My name is Shankar residing in chennai and Iam one of the employee in a reputed BPO concern. I have worked for the past 5 years and one month in that concern. Due to Management problem i was forced to resign from that concern without any notice period. But i have completed the 5 years and also eligible for gratuity. When iam inquired that concern about my gratuity they were saying that we can't give gratuity because you have signed for a service agreement.You yet to complete 2 months.
My Doubt is there any relation between with service agreement and gratuity.
What i have to do further in claiming of my gratuity???
From India, Madras
My Doubt is there any relation between with service agreement and gratuity.
What i have to do further in claiming of my gratuity???
From India, Madras
Hi shanker,
According to my knowledge as employee we have a right to claim the gratuity only after completiion of 5 years. If there is any short fall irrespective of days/months we can't claim the gratuity.
regards,
santhosh kumar.p
From India, Hyderabad
According to my knowledge as employee we have a right to claim the gratuity only after completiion of 5 years. If there is any short fall irrespective of days/months we can't claim the gratuity.
regards,
santhosh kumar.p
From India, Hyderabad
Dear Shankar,
For getting Gratuity, completing five years service is essential. After that it is your right to get gratuity. But you shall have to prove that you served the Company for five years. May be for the first two months they did not show you on their payroll. But still if you have documents to prove that you were working for them during these two months, you will become entitled to Gratuity. So the ball is in your court. May be you have PF Slips to prove your point or salary cheques.
KKT
From India, Delhi
13For getting Gratuity, completing five years service is essential. After that it is your right to get gratuity. But you shall have to prove that you served the Company for five years. May be for the first two months they did not show you on their payroll. But still if you have documents to prove that you were working for them during these two months, you will become entitled to Gratuity. So the ball is in your court. May be you have PF Slips to prove your point or salary cheques.
KKT
From India, Delhi
Dear friend,
As per the Gratuity Act, an employee is eligible to get gratuity provided he completes 5 years of service on muster roll means on pay roll.
In your case, if you have substantial proof that you were on their rolls for five years then they can not turn down payment of gratuity. If affirmative, you may insist on payment of gratuity serving them a requeust notice. If you do not receive any reply then you may serve them legal notice through lawyer. Failing which, legal action can be initiated against the organisation.
But, be sure that your case should not be a termianted case.
There is no relation and link to bond if any you have executed that you will serve them for mutually agreed period.
Pl do let us know if you satisfies all above mentioned and still u do not get paid your gratuity, we will suggest further course of action.
With best wishes
Sagala Amarnath
From India, Bangalore
As per the Gratuity Act, an employee is eligible to get gratuity provided he completes 5 years of service on muster roll means on pay roll.
In your case, if you have substantial proof that you were on their rolls for five years then they can not turn down payment of gratuity. If affirmative, you may insist on payment of gratuity serving them a requeust notice. If you do not receive any reply then you may serve them legal notice through lawyer. Failing which, legal action can be initiated against the organisation.
But, be sure that your case should not be a termianted case.
There is no relation and link to bond if any you have executed that you will serve them for mutually agreed period.
Pl do let us know if you satisfies all above mentioned and still u do not get paid your gratuity, we will suggest further course of action.
With best wishes
Sagala Amarnath
From India, Bangalore
Hi,
Section 4 of the Payment of Gratuity Act 1972 deals with payment of gratuity to an employee who has put in 5 years continuous service. But gratuity can be forfeited in the following cases:
(i) if the services of an employee has been terminated for any act, wilful omission or negligence causing any damage or loss to or destruction of property belonging to the employer shall be forfeited to the extent of damage or loss so caused;
(ii) if the service of the employee has been terminated for his riotous or disorderly conduct or any other act of violence on his part or
(iii)if the services of an employee has been terminated for any act which constitutes an offence involving moral turpitude in the course of his employment.
So, if you have put in five years continuous service and do not fall under any of the above categories, you are eligible for Gratuity.
Hope this is an useful information.
Viswa
From India, Bangalore
Section 4 of the Payment of Gratuity Act 1972 deals with payment of gratuity to an employee who has put in 5 years continuous service. But gratuity can be forfeited in the following cases:
(i) if the services of an employee has been terminated for any act, wilful omission or negligence causing any damage or loss to or destruction of property belonging to the employer shall be forfeited to the extent of damage or loss so caused;
(ii) if the service of the employee has been terminated for his riotous or disorderly conduct or any other act of violence on his part or
(iii)if the services of an employee has been terminated for any act which constitutes an offence involving moral turpitude in the course of his employment.
So, if you have put in five years continuous service and do not fall under any of the above categories, you are eligible for Gratuity.
Hope this is an useful information.
Viswa
From India, Bangalore
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc