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balachandar.ksr
Dear all,

I worked in a private institution named Sona College of Technology for 7 years and 4 months (1 year and 3 months approved sabbatical leave). After I resigned from the institution, I applied for the gratuity funds. However, I did not receive any information regarding it for 2 years and 10 months.

When I approached them for the gratuity, I demanded a 10% interest on the gratuity funds as compensation. Later, HR sent me a cheque for Rs. 100130. However, he did not explain whether the interest rate I demanded was included or not in the cheque. When I asked for an explanation, he did not reply to my email or did not reply to me properly over a phone call.

How can I get to know the details of my gratuity?

From India, Madras
ravi5554
427

Hello Friend,

f the amount of gratuity is not paid by the employer within the period specified in sub-section (3), he shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate not exceeding the rate notified by the Central Government from time to time for repayment of long term deposits; provided that no such interest shall be payable.

Under Section 7(3), the employer shall arrange to pay the amount of gratuity within 30 days from the date it becomes payable.

From India, Mumbai
balachandar.ksr
Thanks for your reply Mr. Ravi. The HR has sent me a cheque for Rs. 100310 already. However, I am not sure whether he has included the interest or not! Should I take action legally or leave it as such? Why the HR is not explaining me how the gratuity is calculated?
From India, Madras
ravi5554
427

Hello Friend,

You have all the rights to understand the calculation done by HR. I suggest go through the below mentioned formula of Gratuity and then come to the conclusion.

Put all your figures in the formula, you will come to know.

Gratuity = (Basic + DA) x 15/26 x number of years..

From India, Mumbai
KK!HR
1534

The educational institutions, including private ones are amenable to RTI. So raise a query to the Public Information Officer (PIO) of the College and the PIO has to reply within 30 days. So you can make use of this provision and get the details
From India, Mumbai
balachandar.ksr
Thanks for your information KK!HR. This will do the needful.
From India, Madras
balachandar.ksr
@KK!HR - should I file the RTI with Ministry of Labour and Employment or Ministry of Higher Education? Thanks for your reply.
From India, Madras
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