I have worked for seven years for a private company and resigned in March 2011. I want to claim my gratuity after leaving the organization. The HR management is not responding to the calls or SMS sent to them, nor are they giving an appointment to meet when contacted at the official number. What options do I have to get my gratuity? Whom should I contact then?
From India, Bangalore
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From India, Bangalore
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Dear Redstain,
If you have documents to prove that you had worked for 7 years continuously, then no one can deny the gratuity money. First, you write a letter along with Form I to the HR and the Management stating the claim of Gratuity for the period you have served. Wait for some time for a reply. If they are not responding, take this matter to the Asst/Dy Labour Commissioner for your area with a request letter with Form N for gratuity settlement. He will do the needful.
S. Sethupathy, Excellent HR Services, Erode.
From India, Selam
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67If you have documents to prove that you had worked for 7 years continuously, then no one can deny the gratuity money. First, you write a letter along with Form I to the HR and the Management stating the claim of Gratuity for the period you have served. Wait for some time for a reply. If they are not responding, take this matter to the Asst/Dy Labour Commissioner for your area with a request letter with Form N for gratuity settlement. He will do the needful.
S. Sethupathy, Excellent HR Services, Erode.
From India, Selam
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Hi Seniors,
With regards to gratuity, I have one query. I have been working in a software company since December 2004. In September 2005, I took a one-month break and then rejoined after that. I have been continuously working in the same company since then. If I resign from this company, will I be eligible for gratuity? If yes, how many years of service will be considered?
Thanks & Regards,
Suvarna
From India, Pune
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With regards to gratuity, I have one query. I have been working in a software company since December 2004. In September 2005, I took a one-month break and then rejoined after that. I have been continuously working in the same company since then. If I resign from this company, will I be eligible for gratuity? If yes, how many years of service will be considered?
Thanks & Regards,
Suvarna
From India, Pune
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Dear all,
For the year 2005, what have you accomplished and experienced? If it is the latter, calculations will be based on that day onwards. Please note that even if one is absent due to duty or loss of pay (LOP), the 240-day rule applies to consider that year as part of continuous service.
S. Sethupathy
Excellent HR Services
Erode
From India, Selam
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For the year 2005, what have you accomplished and experienced? If it is the latter, calculations will be based on that day onwards. Please note that even if one is absent due to duty or loss of pay (LOP), the 240-day rule applies to consider that year as part of continuous service.
S. Sethupathy
Excellent HR Services
Erode
From India, Selam
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Dear all,
I joined the company on 2 May 2005 as a trainee on a stipend (no EPF deduction) as an employee with an appointment letter. I got confirmed exactly after 1 year, i.e., 2 May 2006 (EPF deductions began), and left on 23rd Feb 2011. Do I stand eligible for gratuity? And from where can I cite the clarity to company HR as they too are not sure, as 5 years have not been completed.
Thanks in advance.
Regards,
Ajitsingh
From India, Madras
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I joined the company on 2 May 2005 as a trainee on a stipend (no EPF deduction) as an employee with an appointment letter. I got confirmed exactly after 1 year, i.e., 2 May 2006 (EPF deductions began), and left on 23rd Feb 2011. Do I stand eligible for gratuity? And from where can I cite the clarity to company HR as they too are not sure, as 5 years have not been completed.
Thanks in advance.
Regards,
Ajitsingh
From India, Madras
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Dear Ajit Singh,
EPF deduction has no role in Gratuity calculation. Your date of joining is the base for the calculation. Hence, you are eligible for gratuity.
Gratuity calculation = Your last drawn basic + DA x 6 years of service x 15/26.
S. Sethupathy, Excellent HR Services, Erode.
From India, Selam
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EPF deduction has no role in Gratuity calculation. Your date of joining is the base for the calculation. Hence, you are eligible for gratuity.
Gratuity calculation = Your last drawn basic + DA x 6 years of service x 15/26.
S. Sethupathy, Excellent HR Services, Erode.
From India, Selam
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Hi,
My case is also similar to Mr. Redstain's. I have worked for seven years in a software company (First Job). I resigned and was properly relieved in February 2011. When I inquired about my gratuity settlement, HR informed me that gratuity was included with my salary, but I didn't see this component in the payslip breakdown. When I tried to discuss gratuity further, I was told that since it wasn't mentioned in my offer letter, they wouldn't provide it, and the HR representative behaved very rudely. Upon escalating the issue to the manager, I received the same response, with the added statement that even if I pursued legal action for gratuity, they were prepared to handle it.
I am unsure of what steps to take next. Approximately six other individuals with similar experience have left the company without receiving their gratuity settlements, possibly due to concerns about receiving negative feedback during background verification checks. We are now considering taking legal action.
If we were to approach the Assistant/Deputy Labour Commissioner, would we be able to recover our gratuity money?
Note:
1. All of us were hired through a campus interview and worked continuously for seven years. Gratuity was not mentioned in our offer letters. Is it mandatory to have gratuity mentioned in the offer letter to claim gratuity settlement?
2. Is there a specific timeframe within which one must request gratuity settlement after the date of relieving?
Please assist us.
Ram
From India, Madras
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My case is also similar to Mr. Redstain's. I have worked for seven years in a software company (First Job). I resigned and was properly relieved in February 2011. When I inquired about my gratuity settlement, HR informed me that gratuity was included with my salary, but I didn't see this component in the payslip breakdown. When I tried to discuss gratuity further, I was told that since it wasn't mentioned in my offer letter, they wouldn't provide it, and the HR representative behaved very rudely. Upon escalating the issue to the manager, I received the same response, with the added statement that even if I pursued legal action for gratuity, they were prepared to handle it.
I am unsure of what steps to take next. Approximately six other individuals with similar experience have left the company without receiving their gratuity settlements, possibly due to concerns about receiving negative feedback during background verification checks. We are now considering taking legal action.
If we were to approach the Assistant/Deputy Labour Commissioner, would we be able to recover our gratuity money?
Note:
1. All of us were hired through a campus interview and worked continuously for seven years. Gratuity was not mentioned in our offer letters. Is it mandatory to have gratuity mentioned in the offer letter to claim gratuity settlement?
2. Is there a specific timeframe within which one must request gratuity settlement after the date of relieving?
Please assist us.
Ram
From India, Madras
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Dear Ram,
Many companies are not mentioned anything about gratuity in their Appt orders, which doesn't mean that they can deny it.
Suppose a company not mentioned anything about PF/ESI in their Appointment Orders, should they explain the same to the PF or ESI authorities for non deduction?
Please go through the Section 1 of this Act-
Section: 1
Short title, extent, application and commencement.
(1) This Act may be called the Payment of Grataity Act, 1972.
(2) It extends to the whole of India:
Provided that in so far as it relates to plantations or ports, it shall not extend to the State of Jammu and Kashmir.
(3) It shall apply to¬ -
(a) every factory, mine, oilfield, plantation, port and railway company;
(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
for your reference I am enclosing the bare act of it. Please go through this.
Also note that if the company functioning more than one state then the Central Rules are applicable.
All the best Ram
S.Sethupathy,
Excellent HR Services,
Erode.
From India, Selam
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Many companies are not mentioned anything about gratuity in their Appt orders, which doesn't mean that they can deny it.
Suppose a company not mentioned anything about PF/ESI in their Appointment Orders, should they explain the same to the PF or ESI authorities for non deduction?
Please go through the Section 1 of this Act-
Section: 1
Short title, extent, application and commencement.
(1) This Act may be called the Payment of Grataity Act, 1972.
(2) It extends to the whole of India:
Provided that in so far as it relates to plantations or ports, it shall not extend to the State of Jammu and Kashmir.
(3) It shall apply to¬ -
(a) every factory, mine, oilfield, plantation, port and railway company;
(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
for your reference I am enclosing the bare act of it. Please go through this.
Also note that if the company functioning more than one state then the Central Rules are applicable.
All the best Ram
S.Sethupathy,
Excellent HR Services,
Erode.
From India, Selam
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Hi all,
You are eligible for gratuity, which is not part of the salary structure. It will be payable after continuous service of 5 years. "Superannuation," in relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of service at the age on the attainment of which the employee shall vacate the employment.
Mr. S. Sethupathy has provided the right guidelines; please follow them and also request the Assistant Labour Commissioner for this.
From India
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You are eligible for gratuity, which is not part of the salary structure. It will be payable after continuous service of 5 years. "Superannuation," in relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of service at the age on the attainment of which the employee shall vacate the employment.
Mr. S. Sethupathy has provided the right guidelines; please follow them and also request the Assistant Labour Commissioner for this.
From India
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Dear Ram,
Please furnish the following information to answer your query:
1. What was the designation given to you at the time of initial appointment?
2. Was there any subsequent change in the designation given to you? If so, please indicate the change and the date from which the change took place.
3. What was the nature of work done by you? Did it remain the same from the time of initial appointment until you left the company?
4. Where is this company situated?
5. Does it have branches in more than one state?
Thank you.
From India, Madras
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Please furnish the following information to answer your query:
1. What was the designation given to you at the time of initial appointment?
2. Was there any subsequent change in the designation given to you? If so, please indicate the change and the date from which the change took place.
3. What was the nature of work done by you? Did it remain the same from the time of initial appointment until you left the company?
4. Where is this company situated?
5. Does it have branches in more than one state?
Thank you.
From India, Madras
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc