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Meena   03 September 2018

Non payment of gratuity amount

I have resigned from a private limited company in May 2018. I had to leave due to some personal reasons which are unavoidable. It was agreed by the employer and I was given immediate relieving without serving notice period. 
 
During the exit interview, HR has informed that I would be getting Gratuity as I have worked there for more than 6 years. Later, after a week when I followed up with them to check the status, HR informed that I would not be eligible for gratuity as I did not serve notice period. When I asked them why the same was not informed to me during the exit interview and if it the rules were so, I would have served notice period and leave the organization. To this, the HR has replied that she was not aware of rules properly. 
 
They gave me an option to serve notice period if I was okay with. Keeping aside my personal issues, I agreed to it as I did not want to lose the Gratuity amount nor the experience letters.  Till date, I did not receive any call from HR nor they are bothered to reply to any of my emails. Every time I had called them, they give lame excuses saying the concerned person is busy or they are looking into the matter. 
 
I request you to suggest me on what can be done in this situation and guide me accordingly.


Learning

 4 Replies

bijoy kumar   03 September 2018

refer to second ammendment in payment of gratuity act

Kumar Doab (FIN)     04 September 2018

How many persons were employed in establishment?

 

Are your’s or HR’s statements as in query are on irrefutable record/in writing?

Kumar Doab (FIN)     04 September 2018

Since you have got relieving docs as per your query; You may esclalate to good offices of appointing authority/MD narrating previous representations and ask for relief by releasing payment of Gratuity.

Remain gentle and amiable.

Your issue may get resolved.

Or you may have to approach ‘Controlling Authority of Gratuity’ in person or thru  Authorised Representative..that can represent you..

Gratuity= { ( Basic+DA)/26*15*No. of years in service} Basic+DA is as per last drawn wages…

NO. of years is ; after 5Y of service ( Calendar years from date of reference as in the Act or simply count from LWD/DOJ ) ………………..

 >6M=1Y

<6M=0Y

If establishment works for 6days/week then employee should have worked for 240days/year and in last year If establishment works for less than 6days/week then employee should have worked for 190days/year and in last year

Kumar Doab (FIN)     04 September 2018

 

Although there is  NO need to quote any citation since Payment of Gratuity Act is a statue and provisions in the Act are crystal clear…. still you can also pick up citations from this thread, other threads, Files, Articles, Judgments sections…

e.g; Article under my profile..   

Off days, holidays are counted in service period for the Payment of Gratuity !

No Limitation to Claim Payment of Gratuity

You may pick up the relevant points and take help of elders of your family, competent and experienced well wishers, seasoned employee’s/trade union leaders, seasoned ‘ Authorized Representatives’, a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..with whom you may share inputs /show the documents/evidence for a considered opinion..  

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Labor Court/CGIT, O/o Controlling Authority of Gratuity ( ALC/ALCC/DLC…), School-Educational tribunal,CAT, civil courts, HC, SC……

 

 


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