To all respected members
i was working in a public ltd company as a vp for more than 25 years.
In the month may 2009 i attanded my h/o at gurgaon and asked our director and cmd to give me a long leave for treatment of frozen shoulder which was accepted by them.all above were verbal sanction only.
On sept 27 /2013 i requested to my employer for making my full and final payment to me.
On 18 oct 2013 my employer informed by mail that my resignation papers are not availble with them. (which was not given by me as i was on leave without pay)
on 23 oct 2013 i send my resignation letter by mail to my employer.
I chased the matter with 5 to 6 reminders but i did not have any reply or feed back from employer.
On 10 march 2014 i gave notice through my layer
on 13 march 14 employer informed me to pay rs 3.5 lac for my gratuity payment.
Which was not accepted by me.?
As i was asking gratuity rs 10 lac and leave encashment as pe present rules.
On 31 march 14 employer again sent me my final a/c in that they added leave encashment,my bal sal of may 09 but my gratuity kept only 3.5 lac whearas it should be 10 lac .
In view of above pl guide me what action to be taken by me.
1. My resignation accepted by employer on 26/11/2013.
2. Will i be able to claim gratuity of 10 lac?
Total amt of my gatuity is 12.80 lac.
Pl advise accordingly
thanks
a k solanki
From India, Jaipur
i was working in a public ltd company as a vp for more than 25 years.
In the month may 2009 i attanded my h/o at gurgaon and asked our director and cmd to give me a long leave for treatment of frozen shoulder which was accepted by them.all above were verbal sanction only.
On sept 27 /2013 i requested to my employer for making my full and final payment to me.
On 18 oct 2013 my employer informed by mail that my resignation papers are not availble with them. (which was not given by me as i was on leave without pay)
on 23 oct 2013 i send my resignation letter by mail to my employer.
I chased the matter with 5 to 6 reminders but i did not have any reply or feed back from employer.
On 10 march 2014 i gave notice through my layer
on 13 march 14 employer informed me to pay rs 3.5 lac for my gratuity payment.
Which was not accepted by me.?
As i was asking gratuity rs 10 lac and leave encashment as pe present rules.
On 31 march 14 employer again sent me my final a/c in that they added leave encashment,my bal sal of may 09 but my gratuity kept only 3.5 lac whearas it should be 10 lac .
In view of above pl guide me what action to be taken by me.
1. My resignation accepted by employer on 26/11/2013.
2. Will i be able to claim gratuity of 10 lac?
Total amt of my gatuity is 12.80 lac.
Pl advise accordingly
thanks
a k solanki
From India, Jaipur
Dear Mr.Solanki,
Sorry, your query is backed by insufficient details that too important ones in view of your ultimate claim.Of course an employee is entitled to get a maximum gratuity subject to the monetary ceiling of Rs.10 lakh. But it depends upon your last-drawn salary in terms of only those inclusive components viz., Basic Salary and Dearness Allowance.It is common practice in industrial Salary and Wage Administration, you may be aware of as an experienced V.P, that the compensation structure is designed in such a way to minimize the burden of indirect financial commitment of the employer as well as tax burden of employees. Again, there is a possibility that your management may be at variance with the actual length of your qualifying service for gratuity or unaware of the raise in ceiling limit.So, in order to assess the maintainability of your claim for maximum gratuity, pl furnish the following details after ensuring yourself about the availability of documentary evidence, if any:
(i) Your initial date of joining the services of the management
(ii) Your last-drawn salary with break-up details
From India, Salem
6018Sorry, your query is backed by insufficient details that too important ones in view of your ultimate claim.Of course an employee is entitled to get a maximum gratuity subject to the monetary ceiling of Rs.10 lakh. But it depends upon your last-drawn salary in terms of only those inclusive components viz., Basic Salary and Dearness Allowance.It is common practice in industrial Salary and Wage Administration, you may be aware of as an experienced V.P, that the compensation structure is designed in such a way to minimize the burden of indirect financial commitment of the employer as well as tax burden of employees. Again, there is a possibility that your management may be at variance with the actual length of your qualifying service for gratuity or unaware of the raise in ceiling limit.So, in order to assess the maintainability of your claim for maximum gratuity, pl furnish the following details after ensuring yourself about the availability of documentary evidence, if any:
(i) Your initial date of joining the services of the management
(ii) Your last-drawn salary with break-up details
From India, Salem
respected sir
1) i joined my company in the year 1984 (01/04/1984)
2) worked for 25 years
3) in the month of may 2009 i asked for leave without pay which was accepted by management verbally
4) in the month of sept 2013 i requested to make payment of my gratuity
5) my employer asked me to send resignation it was sent by me on 23/10/2013, and it was accepted by management on 26/11/2013
6) employer agreed to pay gratuity for the period 1984 to 2009 for 25 years as per gratuity act applicable in may 2009
subject to ceiling limitation of 3.5 lac
7) my employer not paid my dues in may 2013 as i was on leave without pay.now as per new gratuity ceiling of 10 lac notified in may 2010 gazet
8)kindly advise me what amt i shall claim from my employer rs 3.5 lac as per prevailing act of 2009 or rs 10.00 lac as per present act. Pl give me your valuable advise
9) my last sal detail are basic pay rs 60000 + da rs 40000 = rs 100000.00 total
hope you will solve my problem and guide me a proper way in the matter
thanks and regards
ashok kumar solanki
25/04/14.
From India, Jaipur
1) i joined my company in the year 1984 (01/04/1984)
2) worked for 25 years
3) in the month of may 2009 i asked for leave without pay which was accepted by management verbally
4) in the month of sept 2013 i requested to make payment of my gratuity
5) my employer asked me to send resignation it was sent by me on 23/10/2013, and it was accepted by management on 26/11/2013
6) employer agreed to pay gratuity for the period 1984 to 2009 for 25 years as per gratuity act applicable in may 2009
subject to ceiling limitation of 3.5 lac
7) my employer not paid my dues in may 2013 as i was on leave without pay.now as per new gratuity ceiling of 10 lac notified in may 2010 gazet
8)kindly advise me what amt i shall claim from my employer rs 3.5 lac as per prevailing act of 2009 or rs 10.00 lac as per present act. Pl give me your valuable advise
9) my last sal detail are basic pay rs 60000 + da rs 40000 = rs 100000.00 total
hope you will solve my problem and guide me a proper way in the matter
thanks and regards
ashok kumar solanki
25/04/14.
From India, Jaipur
Dear Mr.Solanki,
Based on the details now you've furnished, the actual amount of gratuity due to you on the date of your resignation [ 23-10-2013 ] is calculated as below:
(1) Date of entry into service : 01-04-1984
(2) Date of termination of service : 23-10 -2013 [A]
(3) Gross service rendered : 29 Y- 6 M - 22 D OR 30 YEARS
(4) Period not eligible : 01-09-2009 TO 23-10-2013 ( LLP ) ie 05Y-10M-08D OR 6 YEARS [ B]
(5) NET Qualifying Service : (3) - (4) = 24 YEARS
(6) Last-drawn Salary (BASIC+D.A) : Rs.100000/=
Gratuity : 100000/26 X 15 X 24 = 13,84,615-00 which is limited to the ceiling of Rs.10,00,000-00 only [C]
Therefore, Gratuity payable : Rs.10,00,000/=
Note:[A] Date of resignation is treated as actual date of termination of employment; [B] The date of proceeding on LLP is notionally determined as 01-09-09
[C] Since the resignation was accepted on 26-11-2013, the employment was deemed to have continued up to the date of resignation and 24-05-2010
is the date of effect of the amendment raising the ceiling limit to Rs.10lakh.
From India, Salem
Based on the details now you've furnished, the actual amount of gratuity due to you on the date of your resignation [ 23-10-2013 ] is calculated as below:
(1) Date of entry into service : 01-04-1984
(2) Date of termination of service : 23-10 -2013 [A]
(3) Gross service rendered : 29 Y- 6 M - 22 D OR 30 YEARS
(4) Period not eligible : 01-09-2009 TO 23-10-2013 ( LLP ) ie 05Y-10M-08D OR 6 YEARS [ B]
(5) NET Qualifying Service : (3) - (4) = 24 YEARS
(6) Last-drawn Salary (BASIC+D.A) : Rs.100000/=
Gratuity : 100000/26 X 15 X 24 = 13,84,615-00 which is limited to the ceiling of Rs.10,00,000-00 only [C]
Therefore, Gratuity payable : Rs.10,00,000/=
Note:[A] Date of resignation is treated as actual date of termination of employment; [B] The date of proceeding on LLP is notionally determined as 01-09-09
[C] Since the resignation was accepted on 26-11-2013, the employment was deemed to have continued up to the date of resignation and 24-05-2010
is the date of effect of the amendment raising the ceiling limit to Rs.10lakh.
From India, Salem
Respected sir
Thank you vary much for the guidance given by you.Further i will put up all above fact to my employer & ask them to clear my gratuity amount of rs 1000000.00 instude of rs 3.5 lac as proposed by them.
respected sir will you pl help me to send a letter to my employer if it is possible pl send me a draft of proposed letter for my employer.
Thanks & regards
A K SOLANKI
From India, Jaipur
Thank you vary much for the guidance given by you.Further i will put up all above fact to my employer & ask them to clear my gratuity amount of rs 1000000.00 instude of rs 3.5 lac as proposed by them.
respected sir will you pl help me to send a letter to my employer if it is possible pl send me a draft of proposed letter for my employer.
Thanks & regards
A K SOLANKI
From India, Jaipur
TO ALL RESPECTED MEMBERS
PLEASE LET ME KN0W WHAT LEGAL NOTICE I CAN SENT TO MY EMPLOYER IN ABOVE MATTER.
1) Date of entry into service : 01-04-1984
(2) Date of termination of service : 23-10 -2013 [A]
(3) Gross service rendered : 29 Y- 6 M - 22 D OR 30 YEARS
(4) Period not eligible : 01-09-2009 TO 23-10-2013 ( LLP ) ie 05Y-10M-08D OR 6 YEARS [ B]
(5) NET Qualifying Service : (3) - (4) = 24 YEARS
(6) Last-drawn Salary (BASIC+D.A) : Rs.100000/=
(7) Gratuity : 100000/26 X 15 X 24 = 13,84,615-00 which is limited to the ceiling of Rs.10,00,000-00 only
Therefore, Gratuity payable : Rs.10,00,000/=
Note:[A] Date of resignation is treated as actual date of termination of employment;
[B] The date of proceeding on LWP is notionally determined as 08 MAY 2009
[C] Since the resignation was accepted on 26-11-2013, the employment was deemed to have continued up to the date of resignation and
[D] 24-05-2010 is the date of effect of the amendment raising the ceiling limit to Rs.10 Lac
MY SUBMISSION ARE AS UNDER
MY EMPLOYER GRATING ME GRATUITY 3.5 LAC ONLY AS THEY ARE TREATING MY SERVICE UP TO 08 MAY 2009.
WHERE AS I WAS ON LEAVE WITHOUT PAY FROM 08 MAY 2009 TO 23 OCT 2013 .
MY RESIGNATION WAS ACCEPTED BY EMPLOYER ON 23 OCT 2013
PL GUIDE ME WHO IS RIGHT MY EMPLOYER OR MY SELF WHO IS ASKING EMPLOYER TO PAY RS 10 LAC GRATUITY
IF I AM CORRECT PL SEND ME ADVISE OR I REQUEST ALL TO SEND ME A FORMAT OR DRAFT LETTER LEGAL NOTICE TO BE SENT TO MY EMPLOYER
THANKS AND REGARDS
PL HELP ME
A K SOLANKI
From India, Jaipur
PLEASE LET ME KN0W WHAT LEGAL NOTICE I CAN SENT TO MY EMPLOYER IN ABOVE MATTER.
1) Date of entry into service : 01-04-1984
(2) Date of termination of service : 23-10 -2013 [A]
(3) Gross service rendered : 29 Y- 6 M - 22 D OR 30 YEARS
(4) Period not eligible : 01-09-2009 TO 23-10-2013 ( LLP ) ie 05Y-10M-08D OR 6 YEARS [ B]
(5) NET Qualifying Service : (3) - (4) = 24 YEARS
(6) Last-drawn Salary (BASIC+D.A) : Rs.100000/=
(7) Gratuity : 100000/26 X 15 X 24 = 13,84,615-00 which is limited to the ceiling of Rs.10,00,000-00 only
Therefore, Gratuity payable : Rs.10,00,000/=
Note:[A] Date of resignation is treated as actual date of termination of employment;
[B] The date of proceeding on LWP is notionally determined as 08 MAY 2009
[C] Since the resignation was accepted on 26-11-2013, the employment was deemed to have continued up to the date of resignation and
[D] 24-05-2010 is the date of effect of the amendment raising the ceiling limit to Rs.10 Lac
MY SUBMISSION ARE AS UNDER
MY EMPLOYER GRATING ME GRATUITY 3.5 LAC ONLY AS THEY ARE TREATING MY SERVICE UP TO 08 MAY 2009.
WHERE AS I WAS ON LEAVE WITHOUT PAY FROM 08 MAY 2009 TO 23 OCT 2013 .
MY RESIGNATION WAS ACCEPTED BY EMPLOYER ON 23 OCT 2013
PL GUIDE ME WHO IS RIGHT MY EMPLOYER OR MY SELF WHO IS ASKING EMPLOYER TO PAY RS 10 LAC GRATUITY
IF I AM CORRECT PL SEND ME ADVISE OR I REQUEST ALL TO SEND ME A FORMAT OR DRAFT LETTER LEGAL NOTICE TO BE SENT TO MY EMPLOYER
THANKS AND REGARDS
PL HELP ME
A K SOLANKI
From India, Jaipur
Dear Mr.Solanki,
In your case the only point of dispute is whether you are entitled to the revised maximum amount of gratuity or not. 24-05-2010 is the effective date of amendment raising the ceiling limit from Rs3.5 lakh to Rs10 lakh.From 08-05-2009 onwards you were on LLP on account of sickness.You never rejoined duty afterwards but chose to resign and submitted your resignation letter on 23-10-2013 which was accepted by the Employer on 26-11-2013.Technically speaking, you have been in service till the date on which your resignation was accepted. If yours is a case of abandonment of service, your employer can accept your later resignation retrospectively with effect from the date you were absent.But according to you, you were orally permitted to proceed on LLP from 08-05-2009.
Therefore, you are deemed to be in service atleast till the date of your resignation though your entitlement to gratuity can be negatived for the period of continuous absence on leave. Better, engage a Counsel who will look after the paper work and procedural formalities.
From India, Salem
In your case the only point of dispute is whether you are entitled to the revised maximum amount of gratuity or not. 24-05-2010 is the effective date of amendment raising the ceiling limit from Rs3.5 lakh to Rs10 lakh.From 08-05-2009 onwards you were on LLP on account of sickness.You never rejoined duty afterwards but chose to resign and submitted your resignation letter on 23-10-2013 which was accepted by the Employer on 26-11-2013.Technically speaking, you have been in service till the date on which your resignation was accepted. If yours is a case of abandonment of service, your employer can accept your later resignation retrospectively with effect from the date you were absent.But according to you, you were orally permitted to proceed on LLP from 08-05-2009.
Therefore, you are deemed to be in service atleast till the date of your resignation though your entitlement to gratuity can be negatived for the period of continuous absence on leave. Better, engage a Counsel who will look after the paper work and procedural formalities.
From India, Salem
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