Dear Seniors,
Kindly help me out with this query: If an employee is working with an organization without any appointment letter and without any terms and conditions, is the employee eligible for gratuity once he leaves his job (given that the employee has worked for more than 5 years)?
If yes, then how can I calculate the gratuity without knowing his salary breakup?
Thank you in advance.
Regards
From India, Delhi
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Kindly help me out with this query: If an employee is working with an organization without any appointment letter and without any terms and conditions, is the employee eligible for gratuity once he leaves his job (given that the employee has worked for more than 5 years)?
If yes, then how can I calculate the gratuity without knowing his salary breakup?
Thank you in advance.
Regards
From India, Delhi
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Dear friend,
It is understandable that one can work without a formal or written appointment order for so long, like more than 5 years in your case. However, I am at a loss to understand that you don't know your salary structure. Don't you have access to your salary register?
From India, Salem
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6185It is understandable that one can work without a formal or written appointment order for so long, like more than 5 years in your case. However, I am at a loss to understand that you don't know your salary structure. Don't you have access to your salary register?
From India, Salem
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Hi,
One question I haven't got: If an employee does not have an appointment letter and there are no terms and conditions in place, on what basis would you consider them an employee of your company? Please clarify this doubt.
From India, Mumbai
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One question I haven't got: If an employee does not have an appointment letter and there are no terms and conditions in place, on what basis would you consider them an employee of your company? Please clarify this doubt.
From India, Mumbai
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Dear Ravi,
Even God helps only those who help themselves. So is the case of law also. Unscrupulous methods might have been adopted by the employer to deprive the employee of the legal rights and benefits actually due to him. It is for the employee to be more vigilant in such a situation. Is it not essential and imperative to know his status of employment for a workman at least after some months of service? If he is scared of any reprisal, by hook or crook, he has to collect sufficient evidence regarding his employment. It is the duty of the employer to issue the letter of appointment setting forth the terms and conditions of employment. If he wantonly fails or avoids this, it is highly reprehensible. In such a case, the employee will have to indulge in manipulation and have no other option.
Thank you.
From India, Salem
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Even God helps only those who help themselves. So is the case of law also. Unscrupulous methods might have been adopted by the employer to deprive the employee of the legal rights and benefits actually due to him. It is for the employee to be more vigilant in such a situation. Is it not essential and imperative to know his status of employment for a workman at least after some months of service? If he is scared of any reprisal, by hook or crook, he has to collect sufficient evidence regarding his employment. It is the duty of the employer to issue the letter of appointment setting forth the terms and conditions of employment. If he wantonly fails or avoids this, it is highly reprehensible. In such a case, the employee will have to indulge in manipulation and have no other option.
Thank you.
From India, Salem
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc