Sir,
My employer is refusing to pay me gratuity after my 6 years of service. They claim that my performance was unsatisfactory. I have sent them emails regarding my gratuity, but they have not responded. Instead, they are now pointing out the mistakes I made during my work. I submitted a proper resignation with one month's notice. I have also received my relieving and experience letters. Please advise.
From India, Mumbai
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1My employer is refusing to pay me gratuity after my 6 years of service. They claim that my performance was unsatisfactory. I have sent them emails regarding my gratuity, but they have not responded. Instead, they are now pointing out the mistakes I made during my work. I submitted a proper resignation with one month's notice. I have also received my relieving and experience letters. Please advise.
From India, Mumbai
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Hi,
I am informing you that you have received the relieving letter. In that letter, they will mention the Date of joining and the date of leaving. Based on that, you can mail the letter again as proof of your relieving letter, stating that you are proceeding legally. Even if there is no reply, send a notice through a lawyer, and then you will receive your gratuity.
Regards
From India, Hyderabad
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I am informing you that you have received the relieving letter. In that letter, they will mention the Date of joining and the date of leaving. Based on that, you can mail the letter again as proof of your relieving letter, stating that you are proceeding legally. Even if there is no reply, send a notice through a lawyer, and then you will receive your gratuity.
Regards
From India, Hyderabad
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Reg: Non payment of gratuity Employer can withhold gratuity of an employee in case any loss occurred due to negligence or in case of moral turpitude act, otherwise he has to pay- satish B
From India, Bangalore
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From India, Bangalore
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As per the Payment Of Gratuity Act, 1972, you become eligible for Payment Of Gratuity. The Payment of Gratuity Act is applicable to the Companies/establishments where 10 or more persons are employed. The Companies has to give gratuity to the employees whoever completes 5 years of CONTINUOUS service in the company. However “Continuous Service” means uninterrupted service which may be interrupted on account of sickness, accident, leave, absence from duty without (not being treated as break in service), lay-off, strike, lock-out or cessation of work not due to the fault of the
employee.(Sec 2A). The employer can forfeited Gratuity {Sec 4(6)} where an employee has been terminated:
(i) for any act, willful omission or negligence causing any damage or loss to or destruction of any property belonging to the employer, to the extent of such loss or damage.
(ii) for riotous or disorderly conduct or any act of violence on his part.
(iii) For any act which constitutes an offence involving moral turpitude, provided the offence has been committed by him in the course of his employment.
If you have not fallen under the purview of these 3 points and you fit the bill accordingly. You are advised to get in touch with a layer for the same.
From India, Mumbai
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employee.(Sec 2A). The employer can forfeited Gratuity {Sec 4(6)} where an employee has been terminated:
(i) for any act, willful omission or negligence causing any damage or loss to or destruction of any property belonging to the employer, to the extent of such loss or damage.
(ii) for riotous or disorderly conduct or any act of violence on his part.
(iii) For any act which constitutes an offence involving moral turpitude, provided the offence has been committed by him in the course of his employment.
If you have not fallen under the purview of these 3 points and you fit the bill accordingly. You are advised to get in touch with a layer for the same.
From India, Mumbai
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Just file an application with the controlling authority (that is Asst. Commissioner of Labour) of the state in which your unit/establishment is situated. Please mention in the application your date of joining (you may enclose a copy of the appointment letter also), date of relieving (attach a copy of the relieving letter), and request the authority for relief. The rest they will do. In case of failure at ALC Office, you may approach the court of law (Labour Court).
From India, Delhi
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From India, Delhi
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Dear Sir,
In the calendar year, i.e., January to December, if you are present for more than 240 days, then you are eligible for gratuity. If your attendance is less than 240 days, then the employer has the right to deny the gratuity. It can be paid to the employee after the decision of the "Standing Committee" of the company.
Regards,
Rahul
From India, Pune
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In the calendar year, i.e., January to December, if you are present for more than 240 days, then you are eligible for gratuity. If your attendance is less than 240 days, then the employer has the right to deny the gratuity. It can be paid to the employee after the decision of the "Standing Committee" of the company.
Regards,
Rahul
From India, Pune
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Dear,
You have asked a simple question - whether you are entitled to receive gratuity for the service of 6 years rendered before resignation/release.
The simple answer is - Yes. Your employer cannot deny payment of gratuity on fabricated grounds of unsatisfactory performance during the service period for which he has not charged you earlier and imposed a penalty for any misconduct, if any.
In case of denial of payment of gratuity, first of all, send your claim in the prescribed Form-I. The employer is liable to pay gratuity within 30 days of its being due, failing which interest is payable at the prescribed rate after the expiry of 30 days. For this, you may file your claim with the Controlling Authority under PG Act who is ALC under whose jurisdiction your earlier establishment comes.
Hope and wish you early payment.
AK Jain
From India, New+Delhi
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You have asked a simple question - whether you are entitled to receive gratuity for the service of 6 years rendered before resignation/release.
The simple answer is - Yes. Your employer cannot deny payment of gratuity on fabricated grounds of unsatisfactory performance during the service period for which he has not charged you earlier and imposed a penalty for any misconduct, if any.
In case of denial of payment of gratuity, first of all, send your claim in the prescribed Form-I. The employer is liable to pay gratuity within 30 days of its being due, failing which interest is payable at the prescribed rate after the expiry of 30 days. For this, you may file your claim with the Controlling Authority under PG Act who is ALC under whose jurisdiction your earlier establishment comes.
Hope and wish you early payment.
AK Jain
From India, New+Delhi
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Averil,
Since your company doesn't have any separate terminal benefit scheme, naturally you are covered under the Payment of Gratuity Act, and you are eligible for the gratuity, provided you fulfill the eligibility norms under the Act. Non-performance or satisfactory performance is not at all a criterion to deny your benefits. For this act of non-performance, you have not been charged at all. It is only a frivolous charge. Please follow the method as advised by Mr. A. K. Jain; you will get your gratuity amount.
From India, Bangalore
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Since your company doesn't have any separate terminal benefit scheme, naturally you are covered under the Payment of Gratuity Act, and you are eligible for the gratuity, provided you fulfill the eligibility norms under the Act. Non-performance or satisfactory performance is not at all a criterion to deny your benefits. For this act of non-performance, you have not been charged at all. It is only a frivolous charge. Please follow the method as advised by Mr. A. K. Jain; you will get your gratuity amount.
From India, Bangalore
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Hi,
If you have put in five years of continuous service and been relieved, you become eligible for the payment of gratuity.
As per Section 7(1) of the PG Act: A person who is eligible for payment of gratuity under this Act [or any person authorized by him in writing, to act on his behalf] shall send a written application to the employer within such time and in such form under sub-rule 2 of Rule-7 as may be prescribed for payment of gratuity. The application can be made on plain paper giving relevant particulars.
The employer shall, whether an application referred to above for payment of gratuity or not, give notice to the persons to whom gratuity is payable, and also to the Controlling Authority specifying the amount of gratuity payable.
If an employer refuses to receive the application or refuses to issue a notice under rule 8, or having received an application, fails to issue notice as required under Rule 8 within the specified time, you may apply within 90 days of the occurrence of the cause. Apply in FORM-N to the controlling authority for issuing direction to the employer under subsection 4 of Section 7.
RL Dhingra Advocate,
Labour Law Consultant, Delhi
09818309937/ Email: rld_498@rediffmail.com
From India, Delhi
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If you have put in five years of continuous service and been relieved, you become eligible for the payment of gratuity.
As per Section 7(1) of the PG Act: A person who is eligible for payment of gratuity under this Act [or any person authorized by him in writing, to act on his behalf] shall send a written application to the employer within such time and in such form under sub-rule 2 of Rule-7 as may be prescribed for payment of gratuity. The application can be made on plain paper giving relevant particulars.
The employer shall, whether an application referred to above for payment of gratuity or not, give notice to the persons to whom gratuity is payable, and also to the Controlling Authority specifying the amount of gratuity payable.
If an employer refuses to receive the application or refuses to issue a notice under rule 8, or having received an application, fails to issue notice as required under Rule 8 within the specified time, you may apply within 90 days of the occurrence of the cause. Apply in FORM-N to the controlling authority for issuing direction to the employer under subsection 4 of Section 7.
RL Dhingra Advocate,
Labour Law Consultant, Delhi
09818309937/ Email: rld_498@rediffmail.com
From India, Delhi
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc