samson daniel (webdeveloper) 15 December 2016

Service gratuity eligible worked 7yrs 8 months

Please guide I worked for Creative Tours & Travels (I) Pvt Ltd from 1-04-2016 to 9-12-2016 position of website designer. Since one year the company did not give salary increment and was giving me extra work of their sister company website & clients website & graphic designing which was not in my profession. My continued reminder was not replied finally the company director told me can look for other job.

The same day I gave resignation & left job thinking since 11 months & written letter served as notice and they did not require my service.

Now received SMS from director they have no policy of paying gratuity to staff.

SO CAN I CLAIM GRATUITY TO THE SERVICES FOR 7 Years 8 Months IS IT AT THE DISCREATION OF THE COMPANY TO PAY OR NOT CAN I SEND LEGAL NOTICE CAN I WIN THE CASE IF I FILE CASE

thanks for those who can guide me

Daniel

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10 Replies

Kumar Doab (FIN) 15 December 2016

You were located in which state?

How mant person were employed in establishment on your DOJ, 12 months priro to your DOJ and on your LWD?

Was any appointment letter issued to you?

Kumar Doab (FIN) 15 December 2016

Save the SMS of Director carefully.

Ritesh Maity (Labour Law Advocate) 15 December 2016

Originally posted by : samson daniel
	Please guide I worked for Creative Tours & Travels (I) Pvt Ltd from 1-04-2016 to 9-12-2016 position of website designer. Since one year the company did not give salary increment and was giving me extra work of their sister company website & clients website & graphic designing which was not in my profession. My continued reminder was not replied finally the company director told me can look for other job. The same day I gave resignation & left job thinking since 11 months & written letter served as notice and they did not require my service. Now received SMS from director they have no policy of paying gratuity to staff. SO CAN I CLAIM GRATUITY TO THE SERVICES FOR 7 Years 8 Months IS IT AT THE DISCREATION OF THE COMPANY TO PAY OR NOT CAN I SEND LEGAL NOTICE CAN I WIN THE CASE IF I FILE CASE thanks for those who can guide me Daniel

Please confirm the period of service (I suppose you have made some typo while writing the dates)

If there are 10 or more employees during the last 12 months, then the act becomes applicable to you and you will be entitled to gratuity for providing 7 years and 8 months of service. Company cannot make its own rule or use its discritionary power to deny you gratuity.

Step to claim gratuity:

1. Send Form I immediately to the company under speed/ registered post. (it should be ideally sent within a month from the last date of work)

2. Wait for sometime (2-3 weeks) If they do not pay or respond then...

3. File an application in Form N before the controlling authority. (this should be ideally done within 3 months)

Kumar Doab (FIN) 15 December 2016

You may also reply on correct DOJ, LWD as pointed out by Mr. Ritesh Maity.

samson daniel (webdeveloper) 19 December 2016

What is form 1 for please let me know. I spoke to MD on Saturday he has agreed paying gratuity next month but nothing in writing from the company can I wait. Want to know how is gratuity calculated is it on last paid salary.