Hi, Asia,
At the time of employment, employees with a lack of awareness often give their names casually. This practice is prominent in areas where the workforce is illiterate or semi-literate. But nothing to worry about; there are solutions.
Your uncle has to produce his bank passbook with a Xerox to the employer and request a correction letter addressing the EPFO, stating clearly that the 'nickname' and 'real name' belong to the same person with this PF account number and that his PF dues should be settled and posted in his 'real name' account (Certified by the employer's signature and seal). In addition to the statutory withdrawal forms, you have to submit this letter to the PF authorities.
Best of luck (Suresh)
From India, New Delhi
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At the time of employment, employees with a lack of awareness often give their names casually. This practice is prominent in areas where the workforce is illiterate or semi-literate. But nothing to worry about; there are solutions.
Your uncle has to produce his bank passbook with a Xerox to the employer and request a correction letter addressing the EPFO, stating clearly that the 'nickname' and 'real name' belong to the same person with this PF account number and that his PF dues should be settled and posted in his 'real name' account (Certified by the employer's signature and seal). In addition to the statutory withdrawal forms, you have to submit this letter to the PF authorities.
Best of luck (Suresh)
From India, New Delhi
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Gratuity Calculation = Last drawan(Basic+DA)*15*NO.OF Years/26 15days wages for every completed year of service 26 is no.of working days. Gratuity is not Taxable. Charvaka Reddy
From India, Hyderabad
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4From India, Hyderabad
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Hi akesiss,
If any employer refuses to make payment of gratuity to an employee who has completed a term of 5 years of continuous service with him/organization, it amounts to punishment. For this, you should refer to Section 9 'PENALTIES.'
An employer avoiding any payment to be made under this Act, who contravenes or makes default in complying with any of the provisions of this Act or any rule or order made thereunder, shall be punishable with imprisonment for a term not less than three to six months, which may be extended to two years, and also with a fine of Rs. 10,000.00, extendable to Rs. 20,000.00.
Mohan Rao Manager HR
From India, Visakhapatnam
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If any employer refuses to make payment of gratuity to an employee who has completed a term of 5 years of continuous service with him/organization, it amounts to punishment. For this, you should refer to Section 9 'PENALTIES.'
An employer avoiding any payment to be made under this Act, who contravenes or makes default in complying with any of the provisions of this Act or any rule or order made thereunder, shall be punishable with imprisonment for a term not less than three to six months, which may be extended to two years, and also with a fine of Rs. 10,000.00, extendable to Rs. 20,000.00.
Mohan Rao Manager HR
From India, Visakhapatnam
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The gratuity payable to an employee may be wholly or partially forfeited if:
(i) the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or
(ii) the services of such employee have been terminated for any act which constitutes an offense involving moral turpitude, provided that such offense is committed by him in the course of his employment.
Please let me know if you need any further assistance.
From India, Jamshedpur
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(i) the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or
(ii) the services of such employee have been terminated for any act which constitutes an offense involving moral turpitude, provided that such offense is committed by him in the course of his employment.
Please let me know if you need any further assistance.
From India, Jamshedpur
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The gratuity payable to an employee may be wholly or partially forfeited:
(i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or
(ii) if the services of such employee have been terminated for any act which constitutes an offense involving moral turpitude, provided that such offense is committed by him in the course of his employment.
From India, Jamshedpur
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(i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or
(ii) if the services of such employee have been terminated for any act which constitutes an offense involving moral turpitude, provided that such offense is committed by him in the course of his employment.
From India, Jamshedpur
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Hi, If the employer refuses to give the gratuity, then what is the next step that has to be taken?
From India, Indore
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From India, Indore
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Dear,
If the employer refuses to give the gratuity, then you are to file a claim before the Controlling Authority under The Payment of Gratuity Act of the area. You can also file a complaint before the law enforcing agency before filing the claim case.
With regards,
R.N.Khola
From India, Delhi
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If the employer refuses to give the gratuity, then you are to file a claim before the Controlling Authority under The Payment of Gratuity Act of the area. You can also file a complaint before the law enforcing agency before filing the claim case.
With regards,
R.N.Khola
From India, Delhi
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Gratuity Payment would entail continuous service for 5 years, which in the case of an onsite assignment becomes a bit of a tricky issue.
The position is: if the person is on a social visit pass/business visa and earning a salary back in India from the Indian company, then it is considered continuous service. The moment this consultant starts working on a work permit - which is usually the case for long assignments (typically more than 6 months) - then technically there is a severance from the Indian payroll (during which his/her Indian salary stops; therefore, PF stops, gratuity stops, and probably the medical insurance will also stop).
This is what my experience says....
A. Chakraborty
From India, Madgaon
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The position is: if the person is on a social visit pass/business visa and earning a salary back in India from the Indian company, then it is considered continuous service. The moment this consultant starts working on a work permit - which is usually the case for long assignments (typically more than 6 months) - then technically there is a severance from the Indian payroll (during which his/her Indian salary stops; therefore, PF stops, gratuity stops, and probably the medical insurance will also stop).
This is what my experience says....
A. Chakraborty
From India, Madgaon
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Hai He has completed five years of service. Then there is no question of eligibility. Yes he is eligible for Gratuity. Mano Kavin
From India, Coimbatore
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From India, Coimbatore
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