Dear Sirs,
Greetings of the day!
I worked for a company for almost ten years in the Admin department, from Sept 2001 to Apr 2011. When leaving the company, I was unwell and hospitalized for around 15-20 days. Before departing, I followed the company rules by serving a one-month notice. However, due to my illness, I was unable to contact the company for final settlement.
Now, my question is, should the company pay me my Gratuity and other outstanding payments? I kindly seek advice on how to proceed to receive the settlement payment.
Regards,
Rajendra
From India, Indore
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2Greetings of the day!
I worked for a company for almost ten years in the Admin department, from Sept 2001 to Apr 2011. When leaving the company, I was unwell and hospitalized for around 15-20 days. Before departing, I followed the company rules by serving a one-month notice. However, due to my illness, I was unable to contact the company for final settlement.
Now, my question is, should the company pay me my Gratuity and other outstanding payments? I kindly seek advice on how to proceed to receive the settlement payment.
Regards,
Rajendra
From India, Indore
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Co is liable to pay you gratuity.salary for EL balance,salary arrears etc. Varghese Mathew 9961266966
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Yes pl. why to have doubt in such a clear situation unless something else is on record. Chandok AK RPFC (Retd.)
From India, Chandigarh
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From India, Chandigarh
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Dear Sir,
Thanks for your quick response.
The issue is that they have not mentioned the gratuity payable or gratuity in the appointment letter. Furthermore, there were no explicit leave rules on paper; it was like a company run in an informal manner where there were no casual leave (CL) or earned leave (EL) or medical benefits, and they used to deduct salary for every day an employee was absent.
Under the circumstances, please advise on how to proceed. Should I send a letter to the company requesting payment of my gratuity and other dues, or do I need to send a legal notice?
Awaiting your valuable guidance.
Regards,
Rajendra
From India, Indore
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Thanks for your quick response.
The issue is that they have not mentioned the gratuity payable or gratuity in the appointment letter. Furthermore, there were no explicit leave rules on paper; it was like a company run in an informal manner where there were no casual leave (CL) or earned leave (EL) or medical benefits, and they used to deduct salary for every day an employee was absent.
Under the circumstances, please advise on how to proceed. Should I send a letter to the company requesting payment of my gratuity and other dues, or do I need to send a legal notice?
Awaiting your valuable guidance.
Regards,
Rajendra
From India, Indore
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Gratuity being a statutory right, need not be mentioned in appnt letter. For other things pl call. Varghese mathew 9961266966
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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You resigned in April 2011 You were sick after you completed your notice period. Assume you completed your notice. So why did ou wait for 2 years to ask for your full and final settlement ?
From India, Mumbai
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From India, Mumbai
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Dear Rajendra ji,
You have not mentioned how many employees are / were working in your LALA BABU company.
First we need to see whether POG Act is applicable to your company. If your company employs more than 10 employees, POG Act is applicable to your company and you are entitled to get gratuity.
Now the question is you have not claimed your gratuity and 2 years are over. Under this circumstance, is your claim extinguished?
As held in P Rama Rao v CA u/r POG 1996 LIC 2765 (AP) rule 7 is intended only to give an opportunity to employee to seek expeditious the payment. In this rule there is time limitation.
You are advised to make an application for gratuity to your company immediately with simple interest at 10% pa.
If your LALA BABU company does not take any action on your application, you need to apply to the Controlling Authority u/r the Act (i.e. Labour Commissioner) in prescribed form with in 90 days for issuing necessary direction to your employer to pay you gratuity.
Wish you all the best.
From India, Mumbai
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You have not mentioned how many employees are / were working in your LALA BABU company.
First we need to see whether POG Act is applicable to your company. If your company employs more than 10 employees, POG Act is applicable to your company and you are entitled to get gratuity.
Now the question is you have not claimed your gratuity and 2 years are over. Under this circumstance, is your claim extinguished?
As held in P Rama Rao v CA u/r POG 1996 LIC 2765 (AP) rule 7 is intended only to give an opportunity to employee to seek expeditious the payment. In this rule there is time limitation.
You are advised to make an application for gratuity to your company immediately with simple interest at 10% pa.
If your LALA BABU company does not take any action on your application, you need to apply to the Controlling Authority u/r the Act (i.e. Labour Commissioner) in prescribed form with in 90 days for issuing necessary direction to your employer to pay you gratuity.
Wish you all the best.
From India, Mumbai
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According to our labor law, the employer is required to pay the full and final settlement including E.L. money, gratuity amount, and other company benefits. If the employer fails to pay the full and final settlement, the employee can file a lawsuit against the company.
Please let me know if you need any further assistance or clarification on this matter.
From India, Chennai
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Please let me know if you need any further assistance or clarification on this matter.
From India, Chennai
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc