Hi Sindhu,

I worked with a private company for the last 5 years. During the period of my employment, they did not deduct any amount from my account as gratuity. I am a permanent employee of that company, and they do deduct PF. I have five years of experience and a relieving certificate. Unfortunately, our company does not adhere to the gratuity act and does not provide gratuity to its employees. Additionally, they denied my last month's salary citing fund shortage.

Could you please advise me on whether I am eligible for gratuity? What are the legal formalities involved? To whom should I address my concerns regarding my last November salary and gratuity legally?

Thank you,
Sindhu

From India, Coimbatore
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Hi Ms Sindhu No company will deduct for gratuity. Can you please tell how many employees are employed in teh company? You can approach the labour department at coumbatur if at all they are denying
From India, Bangalore
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Hi, Ms. Sindhu,

You are eligible for gratuity. Before approaching any authority, kindly request your previous employer to pay the gratuity. If they do not pay within 30 days, please contact your area Labour Commissioner with the relevant documents.

From India, New Delhi
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Dear Jeevarathnam Sir,

In my old company, around 40 direct company staff members were spread across two branches. Additionally, approximately 50 staff worked as contract employees, and 35 employees served as trainees. The company was involved in construction contracting.

Thank you for your valuable reply.

Regards,
Sindhu.

From India, Coimbatore
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Hi, Ms. Sindhu,

In that case, you should speak to the concerned person at that office. Keep records of the joining report, appointment letter, experience letters, and other relevant documents. It is always better to end the relationship smoothly. If they are unwilling to pay you, then you can proceed to take the final steps.

From India, Bangalore
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Dear Sindhu ji,

You are requested to go through the below-given link. The answer to your query is provided in it.

Gratuity is not a contributory scheme. Mr. Jeevarathnam rightly said that no company deducts any amount for gratuity.

Link: [https://www.google.com/url?q=https://www.citehr.com/464960-delay-paying-gratuity.html&sa=U&ei=8H8VVaPuMpL2 yQTA6IG4Bw&ved=0CAcQFjAE&client=in ternal-uds-cse&usg=AFQjCNFmxog3daFoUArUQX6d-hl-Ivk1mw](https://www.google.com/url?q=https://www.citehr.com/464960-delay-paying-gratuity.html&sa=U&ei=8H8VVaPuMpL2 yQTA6IG4Bw&ved=0CAcQFjAE&client=in ternal-uds-cse&usg=AFQjCNFmxog3daFoUArUQX6d-hl-Ivk1mw)

From India, Mumbai
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Number of employees is immaterial for the applicability of the Act. If the PF was being deducted, then it was an establishment - an office of profit. By RPAD, send the completed gratuity claim form - 'Form I' with a covering note mentioning your name, designation, DOJ, & DOL. Wait for 3 weeks if the office is nearby. If no response is received, send a reminder by RPAD and wait for 3 weeks. If there is no response, write to the government labor officer with copies of these documents.
From India, Mumbai
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Dear Shrikant_pra,

You are requested to read the Act once again and correct yourself.

With discontent, I would like to mention here that such kind of responses are constraining contributing members like me from participation in this forum.

From India, Mumbai
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