Hello, I have resigned from my company after 7 years of continuous service. Am I eligible for gratuity since they say I am not due to not serving notice? I quit because of issues with work-life balance and advancing cataracts. I sent emails, and they responded to the emails stating to meet in the office. I did, and the CEO informed me that he cannot pay. This was verbal. Nowhere have they given this in writing. Please advise on my options.
From India, Bengaluru
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From India, Bengaluru
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You have to approach the Controlling Authority under the PGA (Labour Officer) and submit an application in the prescribed format (Format I as per Karnataka Rules, I presume you are covered by it) and personally explain the situation. You are eligible to get gratuity, most likely 105 days' salary.
From India, Mumbai
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1593From India, Mumbai
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Hi, make a formal request for gratuity in writing and await the response from the employer. If there is no positive reply, you may approach the Assistant Commissioner of Labour in your jurisdiction for intervention and justice.
From India, Madras
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From India, Madras
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Hello All,
Thank you for the update. To clarify, I had sent the application for gratuity via email three or four times. The CEO replied to the email but did not mention gratuity. He asked me to meet him. I did so, and the refusal was done verbally in the meeting, the reason being no notice was given.
My question is: Is the notice period mandatory for the payment of gratuity?
Or is this being made up because they did not want to pay?
Thank you in advance.
Deepak
From India, Bengaluru
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Thank you for the update. To clarify, I had sent the application for gratuity via email three or four times. The CEO replied to the email but did not mention gratuity. He asked me to meet him. I did so, and the refusal was done verbally in the meeting, the reason being no notice was given.
My question is: Is the notice period mandatory for the payment of gratuity?
Or is this being made up because they did not want to pay?
Thank you in advance.
Deepak
From India, Bengaluru
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Notice period and gratuity eligibility
Notice period applies only to employees who have functional responsibilities and authorities of a manager, and it is not a blanket application throughout all employees. Moreover, no employer can forfeit or refuse gratuity on the grounds of not serving the notice period. Gratuity can be forfeited for reasons provided under section 4(6) of the Payment of Gratuity Act. This section is applicable when an employee is dismissed from service for misconduct involving moral turpitude or misconduct causing loss to the company through gross neglect or destruction of company properties through violent behavior. None of these will apply to you.
Therefore, as suggested by KK, you may send an official complaint to the Controlling Authority in Form N. If your establishment has branches outside one state, then the Controlling Authority will be the Assistant Labour Commissioner (Central). If your operations are confined to one state, then the officer of the State Labour Department is the appropriate authority to decide such cases. The attached is a draft of Form N.
From India, Kannur
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Notice period applies only to employees who have functional responsibilities and authorities of a manager, and it is not a blanket application throughout all employees. Moreover, no employer can forfeit or refuse gratuity on the grounds of not serving the notice period. Gratuity can be forfeited for reasons provided under section 4(6) of the Payment of Gratuity Act. This section is applicable when an employee is dismissed from service for misconduct involving moral turpitude or misconduct causing loss to the company through gross neglect or destruction of company properties through violent behavior. None of these will apply to you.
Therefore, as suggested by KK, you may send an official complaint to the Controlling Authority in Form N. If your establishment has branches outside one state, then the Controlling Authority will be the Assistant Labour Commissioner (Central). If your operations are confined to one state, then the officer of the State Labour Department is the appropriate authority to decide such cases. The attached is a draft of Form N.
From India, Kannur
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Central Government Authority for Gratuity
If your company has branches in more than one state, then the Central Government is the appropriate authority under the Payment of Gratuity Act. Therefore, you need to apply to the Assistant Labour Commissioner (Central) located in Yashwantpur, Bangalore.
State Government Authority for Gratuity
If your company is a factory or does not have branches in more than one state, then you should apply to the Assistant Labour Commissioner of the State of Karnataka, with an office in Bangalore. Before that, you need to submit an application to your employer using Form I. If the employer fails to pay gratuity within 30 days, you may file your application using Form N before the Controlling Authority of the relevant government (Central or State). Generally, the Controlling Authorities are officers of Assistant Labour Commissioner rank.
From India, Pune
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If your company has branches in more than one state, then the Central Government is the appropriate authority under the Payment of Gratuity Act. Therefore, you need to apply to the Assistant Labour Commissioner (Central) located in Yashwantpur, Bangalore.
State Government Authority for Gratuity
If your company is a factory or does not have branches in more than one state, then you should apply to the Assistant Labour Commissioner of the State of Karnataka, with an office in Bangalore. Before that, you need to submit an application to your employer using Form I. If the employer fails to pay gratuity within 30 days, you may file your application using Form N before the Controlling Authority of the relevant government (Central or State). Generally, the Controlling Authorities are officers of Assistant Labour Commissioner rank.
From India, Pune
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Legal Notice for Breach of Notice Period .docx
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