Gratuity claim

While posting such queries employee should post basic information! 



What is this establishment; Commercial, Industrial? 


What is its nature of business say; IT, ITeS?


How many persons are employed in it? 
What is your designation and nature of duties? 



How many persons report to you? 



Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?



You are in which state? 


Since how many months you are working? 
Do standing orders (model/certified) apply to establishment and your designation?



Was ever any stinker, memo, show cause notice on any misconduct issued to you? 


Are you a member of employee’s/trade unions?


 

What are your monthly wages?

Which bonus you are referring to: as per Payment of Bonus Act or Performance Bonus etc?

Have you submitted FormI under proper acknowledgment?

Have you asked payment of Bonus/Gratuity in writing?

Has company declined in writing?

Gratuity: Submit FormI under proper acknowledgment.

Bonus: If eligible per wage ceiling request to pay in writing?

Gratuity is not eligible since you have not completed 5 years of your service. You can give complaint to labour commissioner at your near to your office for claim of Bonuses. 

Payment of Gratuity Act,1972: 2A is clear. 

GO thru it.

https://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

  
There are many threads on similar query: at:

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49

e.g;

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp

https://www.lawyersclubindia.com/forum/Gratuity-eligibility-5-years-or-4-years-240-days-111887.asp

  

Many employees have been able to resove similar issues by discussions thru threads and by applying their own skills.  
 

If you are eligible for payment of bonus as per: Payment of Bonus Act, then it should be paid by Nov 16, Nov 17, employer can be penalized.

Have you submitted FormI, under proper acknowledgment?  

Have you written to employer for payment of Bonus?

Take help of elders of the family, employee’s/trade unions and a very able counsel of unshakable repute and integrity specializing in Labor/service matters.  

The threads suggeested above are comprehensive.