Greetings to all,
My employer refuses to pay gratuity. I have worked for the past 10 years, and suddenly they have terminated me from the service. There is no letter from them regarding this. I need advice from a superior on how to recover the gratuity.
Thanks,
Mahadevan
From India, Coimbatore
Acknowledge(0)
Amend(0)
1My employer refuses to pay gratuity. I have worked for the past 10 years, and suddenly they have terminated me from the service. There is no letter from them regarding this. I need advice from a superior on how to recover the gratuity.
Thanks,
Mahadevan
From India, Coimbatore
Acknowledge(0)Amend(0)
Hi Mahadevan, If you have records that you have worked there for 10 years, you can give the notice to employer cc to Labour Commissioner in the area and recover the gratuity. Regards, Vinod Bidwaik
From India, Pune
Acknowledge(0)Amend(0)
From India, Pune
Acknowledge(0)Amend(0)
Termination can not be legal when it is not fulfilled legal action and compensation including gratuity like other employee’s welfare under labour laws.
You can discuss your matter with local labour authority such as assistant commissioner or labour officer and follow their guideline for submission your grievance.
From India, Ahmadabad
Acknowledge(0)Amend(0)
You can discuss your matter with local labour authority such as assistant commissioner or labour officer and follow their guideline for submission your grievance.
From India, Ahmadabad
Acknowledge(0)Amend(0)
Thank you for your kind reply. One more query... Some of the colleagues were also seeking their gratuity from the same concern. Can we go together to the labor commissioner for claiming it? I feel it would be strength for us.
Regards,
Mahadevan
From India, Coimbatore
Acknowledge(0)Amend(0)
Regards,
Mahadevan
From India, Coimbatore
Acknowledge(0)Amend(0)
Dear friend,
Why do you need more strength from other colleagues? As rightly advised above, take immediate action. Do you have an appointment letter? Do you have the termination letter? How was the termination communicated to you? Do you have evidence such as pay slips, attendance card, or any other similar evidence that you worked in that organization for the period as indicated above? Was any domestic enquiry conducted? What was the reason for termination given orally or in writing? Was your PF being deducted from the salary? Do you have a PF number? You have not mentioned your PF issue. Why?
Approach immediately the concerned Labour Commissioner along with a properly drafted letter giving full facts and evidence with a copy to your erstwhile employer for the release of gratuity and PF.
SATISH KUMAR DHANWAL Sr. Manager (HR)/NTPC Ltd. (retd.)
From India, Delhi
Acknowledge(0)Amend(0)
Why do you need more strength from other colleagues? As rightly advised above, take immediate action. Do you have an appointment letter? Do you have the termination letter? How was the termination communicated to you? Do you have evidence such as pay slips, attendance card, or any other similar evidence that you worked in that organization for the period as indicated above? Was any domestic enquiry conducted? What was the reason for termination given orally or in writing? Was your PF being deducted from the salary? Do you have a PF number? You have not mentioned your PF issue. Why?
Approach immediately the concerned Labour Commissioner along with a properly drafted letter giving full facts and evidence with a copy to your erstwhile employer for the release of gratuity and PF.
SATISH KUMAR DHANWAL Sr. Manager (HR)/NTPC Ltd. (retd.)
From India, Delhi
Acknowledge(0)Amend(0)
Mr. Mahadevan,
It's sad that the termination took place, and that too without any orderly manner or observing necessary packages. Are you covered under the ID Act? Nevertheless, you should claim:
1) Full gratuity and full PF settlement
2) Retrenchment compensation as per the ID Act
3) Notice pay
4) Encashment of leave at credit
5) Pension to commence at once.
There's nothing wrong if every one of you follows suit by filing individual settlement forms as per the respective acts.
Kumar S.
From India, Bangalore
Acknowledge(0)Amend(0)
It's sad that the termination took place, and that too without any orderly manner or observing necessary packages. Are you covered under the ID Act? Nevertheless, you should claim:
1) Full gratuity and full PF settlement
2) Retrenchment compensation as per the ID Act
3) Notice pay
4) Encashment of leave at credit
5) Pension to commence at once.
There's nothing wrong if every one of you follows suit by filing individual settlement forms as per the respective acts.
Kumar S.
From India, Bangalore
Acknowledge(0)Amend(0)
Hi Mahadevan,
Keeping in view all the points mentioned above, I would like to suggest some steps to be taken promptly.
First, you should present your concerns to your HR department and allow a period of 10-15 days for a response.
Secondly, seek guidance from the local labor department officials for advice, without lodging a formal complaint.
Lastly, ensure you maintain regular communication and follow-ups in your efforts.
I hope these suggestions prove helpful. Let me know if you need further assistance.
From India, Visakhapatnam
Acknowledge(0)Amend(0)
Keeping in view all the points mentioned above, I would like to suggest some steps to be taken promptly.
First, you should present your concerns to your HR department and allow a period of 10-15 days for a response.
Secondly, seek guidance from the local labor department officials for advice, without lodging a formal complaint.
Lastly, ensure you maintain regular communication and follow-ups in your efforts.
I hope these suggestions prove helpful. Let me know if you need further assistance.
From India, Visakhapatnam
Acknowledge(0)Amend(0)
Dear M,
If you have a personal email, write to your HR Department on their email ID and CC the CFO and Management regarding the gratuity and other benefits you are entitled to as per your appointment letter. Wait for a reply for 15-20 days. After that, seek assistance from the labor authority.
From India, Delhi
Acknowledge(0)Amend(0)
If you have a personal email, write to your HR Department on their email ID and CC the CFO and Management regarding the gratuity and other benefits you are entitled to as per your appointment letter. Wait for a reply for 15-20 days. After that, seek assistance from the labor authority.
From India, Delhi
Acknowledge(0)Amend(0)
Dear friend,
As rightly said by Mr. Satish, if you are a workman under Section 2(s) of the ID Act, you can raise the dispute under S. 10(a). You have mentioned your designation and nature of work. If your colleagues want to raise the dispute, they can do so individually. Every case has its own merits and demerits. Do you have an appointment letter? Do you have the termination letter? How was the termination communicated to you? Do you have evidence such as pay slips, attendance cards, PF/ESI numbers, bonus slips, annual increment letters, etc., or any other similar evidence that proves you worked in that organization for the indicated period? What reason for termination was given orally?
You could have written a letter to your employer about the reason for the termination, and if they replied to your letter, it would have been good evidence for your case.
If you approach the commissioner, they will likely refer the matter to court as your employer may not agree on many things.
G.K. Manjunath, Sr. Manager - HR
From India, Bangalore
Acknowledge(0)Amend(0)
As rightly said by Mr. Satish, if you are a workman under Section 2(s) of the ID Act, you can raise the dispute under S. 10(a). You have mentioned your designation and nature of work. If your colleagues want to raise the dispute, they can do so individually. Every case has its own merits and demerits. Do you have an appointment letter? Do you have the termination letter? How was the termination communicated to you? Do you have evidence such as pay slips, attendance cards, PF/ESI numbers, bonus slips, annual increment letters, etc., or any other similar evidence that proves you worked in that organization for the indicated period? What reason for termination was given orally?
You could have written a letter to your employer about the reason for the termination, and if they replied to your letter, it would have been good evidence for your case.
If you approach the commissioner, they will likely refer the matter to court as your employer may not agree on many things.
G.K. Manjunath, Sr. Manager - HR
From India, Bangalore
Acknowledge(0)Amend(0)
There is no clarity in the query. The following should be addressed:
1. What is the status of the company or organization? Is the company subject to the Shops and Establishment Act of the state in which it is situated?
2. What conditions were outlined in the employment letter when the candidate was hired?
3. Was there any mention that "the company follows all statutory regulations" or similar statements?
4. Is the company covered under the Labour Act?
5. Was there a termination letter and issuance of an experience certificate stating the candidate's employment dates, indicating the number of years of service?
6. If the PF subscription from the company was accurately credited to the PF accounts and pension contributions were made correctly, the candidate may be eligible for a pension after completing 10 years of service. The pension payment would commence when the candidate reaches the age of 58.
7. If all the above aspects are in order, the candidate can approach the Labour Commission to address any grievances.
Subba Rao Bhagavatula.
From India, Hyderabad
Acknowledge(0)Amend(0)
1. What is the status of the company or organization? Is the company subject to the Shops and Establishment Act of the state in which it is situated?
2. What conditions were outlined in the employment letter when the candidate was hired?
3. Was there any mention that "the company follows all statutory regulations" or similar statements?
4. Is the company covered under the Labour Act?
5. Was there a termination letter and issuance of an experience certificate stating the candidate's employment dates, indicating the number of years of service?
6. If the PF subscription from the company was accurately credited to the PF accounts and pension contributions were made correctly, the candidate may be eligible for a pension after completing 10 years of service. The pension payment would commence when the candidate reaches the age of 58.
7. If all the above aspects are in order, the candidate can approach the Labour Commission to address any grievances.
Subba Rao Bhagavatula.
From India, Hyderabad
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Principal employer liable if contractor fails to pay wages to workers Delhi High Court Judgement.pdf
Latest gujarat 6 pay modified.xls