Dear sir
Myself M srinivas new to this forum
I need a clarification, in one of our friend (having a strength of average 30 Emp), joined in June 2006, but brought under Pf only in September 2009. in this case what is the eligibility criteria for Gratuity to my friend
From India, Bangalore
2Myself M srinivas new to this forum
I need a clarification, in one of our friend (having a strength of average 30 Emp), joined in June 2006, but brought under Pf only in September 2009. in this case what is the eligibility criteria for Gratuity to my friend
From India, Bangalore
Dear Srinivas Ji,
Any employee is eligible for gratuity computation as well as for admission to PF from the date of his joining the employment . You say your friend joined in June 2006 but was brought under PF from September 2009. Admission to PF may be late but from retrospective effect that is day one in the job. May I request you to please clarify why the delay of almost 3 years for admission to PF and whether it is effective from June 2006 or September 2009 ? Moreover, despite discrepancy in admission date of PF, his gratuity can be computed from the date of joining in June 2006. The employer firm has record of date of joining so there is no problem in computing gratuity from June 2006. Thanks & regards,
From India, Pune
Any employee is eligible for gratuity computation as well as for admission to PF from the date of his joining the employment . You say your friend joined in June 2006 but was brought under PF from September 2009. Admission to PF may be late but from retrospective effect that is day one in the job. May I request you to please clarify why the delay of almost 3 years for admission to PF and whether it is effective from June 2006 or September 2009 ? Moreover, despite discrepancy in admission date of PF, his gratuity can be computed from the date of joining in June 2006. The employer firm has record of date of joining so there is no problem in computing gratuity from June 2006. Thanks & regards,
From India, Pune
Dear Shyam
First Thanks for your information
Actually the things in his company the pf facility will be given after the completion of 1 year. But, becuase of recession period theyhave not joined anybody to PF schme. So he was eligible for PF from 2009.
My doubt is if management is not willing to give gratuity from the date of joing , ie if they say they will calculate gratuity from the date of joining to PF then what my friend can do?
Waiting for your reply
Thanks in advance
M.Srinivasa
From India, Bangalore
First Thanks for your information
Actually the things in his company the pf facility will be given after the completion of 1 year. But, becuase of recession period theyhave not joined anybody to PF schme. So he was eligible for PF from 2009.
My doubt is if management is not willing to give gratuity from the date of joing , ie if they say they will calculate gratuity from the date of joining to PF then what my friend can do?
Waiting for your reply
Thanks in advance
M.Srinivasa
From India, Bangalore
Dear Srinivasa Ji,
Since the recession period is over, the employer may be pursuaded to consider your friend's actual services from the date of joining. Otherwise, short of 5 years, your friend would not be eligible for gratuity. If the employer is adamant, your friend may prove that he was in employment from 2006 and seek the intervention of the Labour Commissioner (State) of the area where the firm is located, who is competent authority to decide disputes in gratuity cases. Before filing appeal with the concerned Labour Commissioner (State), your friend has to claim gratuity in writing stating full length of service from 2006. After 30 days of the claim, if it is not settled by the employer, the employee can lodge complaint with the Labour Commissioner (State) of the area. When successful, please do post your story in this site for guidance of other concerned. Thanks & regards,
From India, Pune
Since the recession period is over, the employer may be pursuaded to consider your friend's actual services from the date of joining. Otherwise, short of 5 years, your friend would not be eligible for gratuity. If the employer is adamant, your friend may prove that he was in employment from 2006 and seek the intervention of the Labour Commissioner (State) of the area where the firm is located, who is competent authority to decide disputes in gratuity cases. Before filing appeal with the concerned Labour Commissioner (State), your friend has to claim gratuity in writing stating full length of service from 2006. After 30 days of the claim, if it is not settled by the employer, the employee can lodge complaint with the Labour Commissioner (State) of the area. When successful, please do post your story in this site for guidance of other concerned. Thanks & regards,
From India, Pune
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