Have you submitted FormI to appointing authority?

Even if you have not has your employer determined the amount of gratuity and given notice to you?

If comapny delays the payment company has to pay interest as determined by govt. from time to time.

Payment of Gratuity Act, 1972

Section: 7
Determination of the amount of gratuity.

(1) A person who is eligible for payment of gratuity under this Act or any person authorised, in writing, to act on his behalf shall send a writ application to the employer, within such time and in such form, as may be prescribed, for payment of such gratuity.

(2) As soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority specifying the amount gratuity so determined.

(4)

(a) If there is any dispute as to the amount of gratuity payable to an employee under this Act or as to the admissibility of any claim of, or in relation to, an employee for payment of gratuity, or as to the person entitled to receive the gratuity, the employer shall deposit with the controlling authority such amount as he admits to be payable by him as gratuity.

You may submit under proper acknowledgment FormI along with a covering letter addressed to appointing authority narrating all representations made by you so far by phone{ mention phone numbers ,date ,time of call}, email, in person, by letter, and mention name, designation, dept,address of company personnel to whom you represented and that you have not received any communbication/notice from company and payment of gratuity.

You may submit copy of FormI and letter to controlling authority under proper acknowledgment.

Dear Mr.Mukesh,

question is whether your resignation accepted by the Company and paid F & F settlement except gratuity?  if it is so then you can fight for gratuity.

Sir,

I resignation is excepted, and I am emailing and asking them the gratuity status continuously, they are not dening, but still not even paid,

Please let me know if there is any time line for companies to pay the gratuity, i have alrady got the last working month's salary.

Regards

Mukesh

Thank you sir,

But i have not got any notice from the company for the same, nither I has submitted to the authority.

What to do now?

REgards

Mukesh

Hope company had not levelled any charge on you, had not issued any memo,stinker etc.

It may be the habit and practice of your employer to delay and tire the employees.

Employee should be skillful to resolve the matters in his favor.

Submit FormI and a representation in writing by letter thru redg. post, addressed to  good offices of Appointing Authority,MD,Chairman,Company Secretary, narrating all representations with date and name/designation/dept/address of the company personnel to whom you had represented, and request the good offices to provide to relief within say next......10 days.YOu may also write to grant an appointment to meet them in person say in next 7 days.You may also request them to allow you to examine your personnel file.

If good offices also do not provide any relief in writing you have the option of approaching a competent and experienced labor consultant/service lawyer with all docs and give inputs in person, and your lawyer can examine the merits and advice on approrpiate forum.

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court. Designation alone does not decide employee is a workman or not.

Confirm if standing orders were applicable to your industry and company and did the company extend these to your designation. If standing orders were applicable and were not formed by your company model standing orders shall apply. The situation expressed by you and bond may be in violation of standing orders of the company.

As per standing orders Act Company should provide service certificate and pay the FNF wages on last day in office.

The standing orders are to be displayed at notice board and should be supplied to employees at nominal charges. You can peruse the RTI route and request the PIO at concerned o/o Labor Commissioner {location: redg office or Corporate Office of the company} to supply you the certified copy of the certified standing orders of the company. Model Standing orders may be posted at Dept. of Labor website of your state.

It shall be appropriate to approach  a competent and exeprienced labor consultant/service lawyer, well versed with such matters, show all documents and give inputs in person, and let your lawyer evaluate the merits, and suggest appropriate forum if the need be.

I have worked in my previous company from15th  April 2005 to 30th Sep 2011 .   I joined as a trainee for first two years with stipend pay (i.e consolidated) , but permanent employee number was given. Later we are absorbed as an permanent employee  and gave the scale pay with two increments (i.e for  training period considering as a service ).  in this regard I applied for my  gratuity, they were telling I am not eligible for gratuity.  Whether it is true, if not suggest the way to get my gratuity.

Dear Mr. Subrahmanyam,

Please note, entire length of service will be counted for gratuity caliculation.  Madhurai Bench of Chennai High Court specified this in the case of Indian Rare Earths Ltd..  You may approach concerned Labour Department  Dignotory.

@ Mr. Subramanyam,

Mr. Murthy has given valuable advice. Kindly follow it.

You were not apprentice.

Section: 2
Definitions.

(e) "employee" means any person (other than an apprentice)

You may submit under proper acknowledgment, FormI along with a covering letter addressed to good offices of your appointing authority narrating all representations made by you so far by phone{ mention phone numbers ,date ,time of call}, email, in person, by letter, and mention name, designation, dept,address of company personnel to whom you represented and that you have not received any communbication/notice from company and payment of gratuity.

You may submit copy of FormI and copy of letter to good officesof your company, to controlling authority of gratuity, under proper acknowledgment. You may meet the controlling authority of gratuity at your location which may be ALC in your case.