I worked in a Pvt. Ltd. company for 5 years and 10 months. When I applied for gratuity, they replied that they had not applied for the gratuity and they did not deduct any amount from the salary related to gratuity. Therefore, they are not bound to pay the gratuity. Is it right?
From India, Noida
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From India, Noida
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Either your previous company is ignorant about the law, and their HR team is spacious, or they are trying to make a fool of you. There are enough posts on this subject on the forum; you can search at the top (research button).
Basically, gratuity is an amount that the employer needs to pay the employee who has worked for a continuous period of 5 years or more. It is not deducted from the salary and needs to be paid as an additional amount during settlement when the person leaves the organization.
You can file a complaint against them with the authority under the Gratuity Act, who is generally the Chief Labour Commissioner of the area.
From India, Mumbai
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2638Basically, gratuity is an amount that the employer needs to pay the employee who has worked for a continuous period of 5 years or more. It is not deducted from the salary and needs to be paid as an additional amount during settlement when the person leaves the organization.
You can file a complaint against them with the authority under the Gratuity Act, who is generally the Chief Labour Commissioner of the area.
From India, Mumbai
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In addition to saswata and rao i also quote the company is misleading you and you and entitled for payment of gratuity of six years of service. Thanks & Regards, From, Sumit Kumar Saxena
From India, Ghaziabad
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From India, Ghaziabad
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Apart from what others said herein above, please claim your gratuity by filing Form I before the company, giving them one month's time. If they fail to pay gratuity within one month, approach the controlling authority under the Payment of Gratuity Act, 1972 with Form N. Please note that you have to submit Form I within a month from the last date of work and Form N within the next 3 months; otherwise, you have to file a condonation of delay petition along with Form N.
You can check my blog at www.labourlawhub.com for more information on labor laws.
From India, Kolkata
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You can check my blog at www.labourlawhub.com for more information on labor laws.
From India, Kolkata
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Dear Mr. Sanjay,
What other learned members like Mr. Nathrao, Mr. Saswata Banerjee, Mr. Sumit Saxena, and Mr. Ritesh Maity have said, I concur with them. However, one thing they might have overlooked is the number of employees in your organization. If the number is below 10 (ten), then the company can avoid your gratuity claim.
Seniors, please correct if the above statement needs to be amended.
Regards
From United States, New York
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What other learned members like Mr. Nathrao, Mr. Saswata Banerjee, Mr. Sumit Saxena, and Mr. Ritesh Maity have said, I concur with them. However, one thing they might have overlooked is the number of employees in your organization. If the number is below 10 (ten), then the company can avoid your gratuity claim.
Seniors, please correct if the above statement needs to be amended.
Regards
From United States, New York
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No employee needs to apply to claim gratuity payment. It is the obligation of the employer to give the gratuity amount to the concerned employee within a month. After one month, if any employer does not pay the gratuity amount, then he is liable to pay the whole amount with interest.
So, it is the obligation of the employer.
Regards,
Dinesh Kumar
From India, New Delhi
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So, it is the obligation of the employer.
Regards,
Dinesh Kumar
From India, New Delhi
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Go and File a case in Central Labour office, they automatically clears your gratuity & also the company will be penalised for this activity.
From India, Hyderabad
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From India, Hyderabad
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Hi Sanjay,
The company is liable to pay you gratuity if you have completed 5 years of service. For gratuity, no deduction from the employee's compensation is required. I suggest referring to the Gratuity Compliance Wiki - The Payment of Gratuity Act, 1972 [url=http://stacowiki.in/en/acts/st-central/the-payment-of-gratuity-act1972/].
From India, Bangalore
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The company is liable to pay you gratuity if you have completed 5 years of service. For gratuity, no deduction from the employee's compensation is required. I suggest referring to the Gratuity Compliance Wiki - The Payment of Gratuity Act, 1972 [url=http://stacowiki.in/en/acts/st-central/the-payment-of-gratuity-act1972/].
From India, Bangalore
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc