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Sankhadip Roy   27 November 2017

Hr saying they don't have gratuity - help me

Hello,

My previous company's (Pvt.Ltd) HR saying they don't have gratuity policy? Gratuity is not applicable to anyone. 

I have served my previous company for 7years 7 month. I joined there in January 2010 and resigned 14th Aug, 2017. After repeated verbal followup my HR is saying the same word as above. Directly he is saying this is not payable. My questions are following and please guide me what to do?

1. Is it true that a pvt.ltd. company does not have gratuity policy?

2. If no What should I do to claim my gratuity? I already have email communication from last 20 days regarding this. Also can one of my colleague claim his gratuity who resigned 3 years ago, the same words also said by HR that time. And he didn't take any step further. He also served around 9 years.

3. What should be my D.A.? As per gratuity calculator, there is nothing mentioned as my DA in my payslip, what it should be, is there any ratio/percentage for the same?

4. I joined January 2010, but my PF is deducting from January 2011, can I say them anything about this? I don't have any payslip of that time.

Regards,

Sankhadip Roy.



Learning

 9 Replies

Ritesh Maity (Labour Law Advocate)     29 November 2017

1. Is it true that a pvt.ltd. company does not have gratuity policy?

Policy of the company is immaterial. If there are ten or more employees, then you are entitled to gratuity.

 

 

2. If no What should I do to claim my gratuity? I already have email communication from last 20 days regarding this. Also can one of my colleague claim his gratuity who resigned 3 years ago, the same words also said by HR that time. And he didn't take any step further. He also served around 9 years.

You need to send Form I to your employer under registered/ speed post and wait for one month. If the company does not pay within a month, you have to file a case before the Controlling authority appointed under the Act. Your colleague needs to do the same but since there is a delay of 3 years, he needs to file a condonation of delay application before the controlling authority.

 

3. What should be my D.A.? As per gratuity calculator, there is nothing mentioned as my DA in my payslip, what it should be, is there any ratio/percentage for the same?

Gratuity is payable on basis + DA. If only basic is mentioned you will get gratuity on basic only. If nothing is mentioned, then on the total consolidated salary.

 

4. I joined January 2010, but my PF is deducting from January 2011, can I say them anything about this? I don't have any payslip of that time.

Yes
Read more at: https://www.lawyersclubindia.com/forum/Hr-saying-they-don-t-have-gratuity-help-me-156701.asp

1 Like

Sankhadip Roy   29 November 2017

Thanks, Ritesh, you clear my all queries. I appreciate your support.


(Guest)
Originally posted by : Sankhadip Roy
Thanks, Ritesh, you clear my all queries. I appreciate your support.

 

You must be thankful to the expert, as he has readily provided you cent percent spoon feeding to answero your academic query, as seemingly it is not a real problem with you. 

 

Sankhadip Roy   11 December 2017

Originally posted by : JIGYASU: Legal Analyst



Originally posted by : Sankhadip Roy



Thanks, Ritesh, you clear my all queries. I appreciate your support.





 

You must be thankful to the expert, as he has readily provided you cent percent spoon feeding to answero your academic query, as seemingly it is not a real problem with you. 

 

Dear Jigyasu, I am really thankful to that expert. But I could not understand how could you assume that its not my real problem and it's my academic query? Before commenting someone be try to get some information about him/her. I hope you are well educated and as per technology now a days this is not impossible to find someone over internet. It is a free advise that please do not comment on anyone, whom you dont know about. 


(Guest)
Originally posted by : Sankhadip Roy



Originally posted by : JIGYASU: Legal Analyst






Originally posted by : Sankhadip Roy



Thanks, Ritesh, you clear my all queries. I appreciate your support.





 

You must be thankful to the expert, as he has readily provided you cent percent spoon feeding to answero your academic query, as seemingly it is not a real problem with you. 

 





Dear Jigyasu, I am really thankful to that expert. But I could not understand how could you assume that its not my real problem and it's my academic query? Before commenting someone be try to get some information about him/her. I hope you are well educated and as per technology now a days this is not impossible to find someone over internet. It is a free advise that please do not comment on anyone, whom you dont know about. 

 

@ Sankhadip Roy,

You have yet to learn how to adapt your academic queries in to personal problems. Also, you are yet to learn a marked difference between knoledgeable practically experienced persons and non or semi experienced persons.

About getting information, it is not for the charity giver expert to should be expected to seek information from the querist, but it is obligatory on the part of the querist to provide adequate background of the case while asking his query, if desirous of finding appropriate solution.

Anyway, you need has been served. So, you need not worry about why your query was considered as of academic nature.

 

Kumar Doab (FIN)     23 December 2017

The query by employee is not academic.

The reply of Mr.Maity is to help the Querist/employee and can be illustrated to any length any number fo times....

 

Kumar Doab (FIN)     23 December 2017

You may send a communication that 'Notice of determination of Gratuity', payment,rquisite forms has no ben supplied and may be supplied by Redg/speed post.

 

Subsequently you may send FormI  to Controlling Authority.

The Inspector can inquire and confirm period of employment for which salary slip was not given.

You can also adduce evidence other than salary slip, attendnace, assinments done, I.Card  etc etc ...

Kumar Doab (FIN)     23 December 2017

Post anymore queries if you have....


(Guest)

3 (three) most vaghue and irrelevant posts by Mr. Kumar Doab, a fake expert, as of merely playing a number game just to add credit of scores to his credit. Where was the necessity of making THREE POSTS on his part, when the query has already been solved by Mr. Maity, as Mr. Doab, himself has admitted, "the reply of Mr.Maity is to help the Querist/employee"?

That amply proves that Mr. Kumar Doab is here at the LCI site just to plays a number game or to find customers for his masters for whom he is working as their tout and agent, not to provide any solution.

 

 

 

 


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