Hi Sir,
I am Dinesh. I need information regarding the 4 years, 11 months, and 18 days I spent in the company, i.e., from February 13, 2009, to January 31, 2014. Am I eligible for gratuity? Please help as the company is denying the same.
Regards,
Dinesh Mehra
From India, Delhi
Acknowledge(0)
Amend(0)
1I am Dinesh. I need information regarding the 4 years, 11 months, and 18 days I spent in the company, i.e., from February 13, 2009, to January 31, 2014. Am I eligible for gratuity? Please help as the company is denying the same.
Regards,
Dinesh Mehra
From India, Delhi
Acknowledge(0)Amend(0)
Dear Dinesh, An employee has to complete exactly five years of satisfactory service to become eligible for Gratuity, hence you are not eligible..............
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Dinesh ji, As per your quote you are eligible for Gratuity for 05 years as judgement of Madras High Court & other decisions. Please contact to your HR department & discuss it.
From India, New Delhi
Acknowledge(0)Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)
Dear Mohan Sir,
I had requested the HR department of the company and made them aware of this judgment, but they are denying it. Please suggest what I should do and where I should approach to avail my rights.
Regards,
Dinesh Mehra
From India, Delhi
Acknowledge(0)Amend(0)
I had requested the HR department of the company and made them aware of this judgment, but they are denying it. Please suggest what I should do and where I should approach to avail my rights.
Regards,
Dinesh Mehra
From India, Delhi
Acknowledge(0)Amend(0)
Mr. Dinesh,
First, make an application to your employer requesting payment of Gratuity, including your date of joining and date of leaving. Send it by registered post.
Wait for 15 days, then send a reminder letter to your employer, emphasizing that your initial letter has not been acknowledged and that payment, along with applicable interest, is due.
After another 15 days, send a third letter to your employer, stating that this is a formal notice under the Payment of Gratuity Act, 1972, claiming the amount owed. Notify them that you are prepared to escalate the matter to the Controlling Authority under the Payment of Gratuity Act, 1972, within your employer's jurisdiction. Send a copy of this notice to the Controlling Authority.
Proceed to approach the Controlling Authority under the Payment of Gratuity Act, 1972, with all your correspondence and evidence, such as payslips and documentation of your joining and leaving dates. Obtain Form 'N' either directly from the Controlling Authority or by downloading it online. Complete the form and submit it in triplicate to the Controlling Authority, ensuring you retain a copy for yourself. Specify your claim amount in the form. The Authority will review your case and provide a decision. This is the procedure I have followed in Puducherry Jurisdiction for similar claims.
From India, Pondicherry
Acknowledge(0)Amend(0)
First, make an application to your employer requesting payment of Gratuity, including your date of joining and date of leaving. Send it by registered post.
Wait for 15 days, then send a reminder letter to your employer, emphasizing that your initial letter has not been acknowledged and that payment, along with applicable interest, is due.
After another 15 days, send a third letter to your employer, stating that this is a formal notice under the Payment of Gratuity Act, 1972, claiming the amount owed. Notify them that you are prepared to escalate the matter to the Controlling Authority under the Payment of Gratuity Act, 1972, within your employer's jurisdiction. Send a copy of this notice to the Controlling Authority.
Proceed to approach the Controlling Authority under the Payment of Gratuity Act, 1972, with all your correspondence and evidence, such as payslips and documentation of your joining and leaving dates. Obtain Form 'N' either directly from the Controlling Authority or by downloading it online. Complete the form and submit it in triplicate to the Controlling Authority, ensuring you retain a copy for yourself. Specify your claim amount in the form. The Authority will review your case and provide a decision. This is the procedure I have followed in Puducherry Jurisdiction for similar claims.
From India, Pondicherry
Acknowledge(0)Amend(0)
Dear Dinesh Ji,
If your department does not agree with you, you may go to your area labor inspector and submit a request application regarding this. Your labor inspector will assist you in obtaining the gratuity payment.
From India, New Delhi
Acknowledge(0)Amend(0)
If your department does not agree with you, you may go to your area labor inspector and submit a request application regarding this. Your labor inspector will assist you in obtaining the gratuity payment.
From India, New Delhi
Acknowledge(0)Amend(0)
Madras High Court;s decision in this case is applicable only in Tamil nadu. Varghese Mathew
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
Dear Dinesh,
Many organizations do not pay gratuity until completion of 5 years of service. Each organization has its standard policies and practices. You can refer to the Madras High Court judgment regarding gratuity grievances. Wait and watch for their statement, then you can proceed with the case in labor court.
From India, Pune
Acknowledge(0)Amend(0)
Many organizations do not pay gratuity until completion of 5 years of service. Each organization has its standard policies and practices. You can refer to the Madras High Court judgment regarding gratuity grievances. Wait and watch for their statement, then you can proceed with the case in labor court.
From India, Pune
Acknowledge(0)Amend(0)
Dear All,
Thank you for your valuable insight. Now, from where I see the case, the company is liable to pay gratuity as per the Payment of Gratuity Act, 1972.
No deduction shall be made on the part of the employee's salary when it comes to gratuity; however, for PF emoluments, in a lump sum of 12% are deducted and a similar 12% is contributed by the employer.
However, there are a few requirements on the part of the employee for claiming gratuity:
1. He should have worked for not less than five years for the employer or in certain cases, four years and in excess of six months. (Please note: the minimum time (days) to consider a year as a continuous year of service is 240 days if working above ground and 190 days in the case of mines). So, here the claim is valid by the employee.
The Gratuity is calculated as follows: (Basic + DA) / 26 x 15 x Number of Years Worked.
Also, for the coverage of the act to your company, if 10 or more persons have been or were employed on any day of the preceding 12 months, then gratuity is applicable.
As for including current amendments, gratuity up to INR 10,00,000 is tax-free, and the maximum gratuity payable should not exceed a total of 20 months' wages.
Hope your query is cleared to some extent. And please, other members, if I am wrong anywhere, please do correct me. I am always open to learning.
However, for people with doubts about anything related to the HR fraternity, you can contact me on my LinkedIn profile Arakanshu Singh - India | LinkedIn or email: akkyinmba@gmail.com.
Attribution: https://www.citehr.com/481806-gratui...#ixzz30HXktYBz
From Singapore, Singapore
Acknowledge(0)Amend(0)
Thank you for your valuable insight. Now, from where I see the case, the company is liable to pay gratuity as per the Payment of Gratuity Act, 1972.
No deduction shall be made on the part of the employee's salary when it comes to gratuity; however, for PF emoluments, in a lump sum of 12% are deducted and a similar 12% is contributed by the employer.
However, there are a few requirements on the part of the employee for claiming gratuity:
1. He should have worked for not less than five years for the employer or in certain cases, four years and in excess of six months. (Please note: the minimum time (days) to consider a year as a continuous year of service is 240 days if working above ground and 190 days in the case of mines). So, here the claim is valid by the employee.
The Gratuity is calculated as follows: (Basic + DA) / 26 x 15 x Number of Years Worked.
Also, for the coverage of the act to your company, if 10 or more persons have been or were employed on any day of the preceding 12 months, then gratuity is applicable.
As for including current amendments, gratuity up to INR 10,00,000 is tax-free, and the maximum gratuity payable should not exceed a total of 20 months' wages.
Hope your query is cleared to some extent. And please, other members, if I am wrong anywhere, please do correct me. I am always open to learning.
However, for people with doubts about anything related to the HR fraternity, you can contact me on my LinkedIn profile Arakanshu Singh - India | LinkedIn or email: akkyinmba@gmail.com.
Attribution: https://www.citehr.com/481806-gratui...#ixzz30HXktYBz
From Singapore, Singapore
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.