The management has not acted properly. But you cannot disown your responsibilities as well. If the employer has exited you from the PF, you should have acted at least then. You cannot argue that you were unaware of the exit. You are not an unskilled workman who may not have access to the member portal regularly and know the status.
Now, I don't think it is time to question and demand gratuity. As already said, it is a question of law and there is a possibility, as our learned member Lakshmi Narayanan said, you can still apply for gratuity in Form I and wait for their response. But will it make the management hostile? Think over it. Also, the amount of gratuity that you may get would be restricted to the basic pay of your last drawn salary, i.e., the salary of 2020. If the performance-linked variable pay, compensative allowances like house rent, fuel reimbursements, or conveyance allowance, etc., are removed from the salary, the amount that will qualify for gratuity would be very less. Should we proceed?
Alternatively, if the management is ready to give you a service certificate which would say that you have worked till date or your relieving date is the current date, that would at least secure your career. Obviously, there will not be any negative remarks from the employer also when a background verification is initiated by your future employer. Please think and then act.
All the best.
From India, Kannur
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4765Now, I don't think it is time to question and demand gratuity. As already said, it is a question of law and there is a possibility, as our learned member Lakshmi Narayanan said, you can still apply for gratuity in Form I and wait for their response. But will it make the management hostile? Think over it. Also, the amount of gratuity that you may get would be restricted to the basic pay of your last drawn salary, i.e., the salary of 2020. If the performance-linked variable pay, compensative allowances like house rent, fuel reimbursements, or conveyance allowance, etc., are removed from the salary, the amount that will qualify for gratuity would be very less. Should we proceed?
Alternatively, if the management is ready to give you a service certificate which would say that you have worked till date or your relieving date is the current date, that would at least secure your career. Obviously, there will not be any negative remarks from the employer also when a background verification is initiated by your future employer. Please think and then act.
All the best.
From India, Kannur
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