Gratuity not received from my previous company
nileshvadher
(Querist) 04 June 2015
This query is : Resolved
Dear Sir/Madam,
I was working with my previous company on outsource Employee basis. I have worked with same company for 5 Years 6 Month. But the Company has changed my outsource agency 3 times in my 5 Years 6 Month Tenure. Now i have left the company and i am asking for my gratuity because i was working with the same company for more than 5 years. But they are denying to pay.
They are saying that i was not with the same agency for more than 5 years but i have not changed the agency. It was changed by the company only.
Please help me to know that am i eligible for gratuity ? If yes than what will be the procedure, How should i fight for it ?
Nilesh Vadher
Kumar Doab
(Expert) 04 June 2015
1. How do you claim that you were outsourced employee? You have some written record e.g. an order to supply manpower?
Or were you contractual employee?
Were you issued any appointment letter/I.Card/PF number-a/c slips/ESIC card/salary slips of each month.
Who has issued it: Company or 1st/2nd/3rd agency?
2. How do you claim that the company changed your agency? Do you have any record e.g. email etc?
3. Were you asked to resign and did you resign from 1st/2nd/3rd agency? Do you have copies of resignation and acceptance?
4. You seem to claim that the arrangement was eyewash and to avoid payment of Gratuity!
If it is true it is offense.
However how would you help to establish it?
nileshvadher
(Querist) 05 June 2015
Yes Sir.. I have a Appointment letter and Experience letter from all three Outsource Agency. and change in agency is done by the company only as we people has no rights to change our outsource Agency. They are only the People who has decided to change our agency.
And now when i am asking for my gratuity, they are saying that i have not worked with the same agency for more than 5 Years. So i am not eligible for Gratuity.
Kumar Doab
(Expert) 05 June 2015
You have not replied point-wise to all points.
Your contention is that the break was caused by Company that you claim is Principle Employer..................and the break was artificial.............so as to avoid payment of Gratuity.
This needs to be established.
Seek help from Elders in the family/Competent and experienced well wishers/ Employee's and Trade Unions leaders like CITU-AITUC-INTUC-BMS etc/Labor Law Consultant-Service matters lawyer-law firm dealing in labor matters/Labor Officials e.g. Inspector appointed under Shops and Estbs Act, Labor Inspector,o/o Labor Commissioner etc..............
and generate some evidence to substantiate your claim.............
Controlling Authority of Gratuity that might be DLC in o/o Labor Commissioner may also help.
nileshvadher
(Querist) 05 June 2015
Thank You so much sir for your kind help.
Kumar Doab
(Expert) 05 June 2015
You are welcome.
Artificial Break can be established.............You may have to put in some efforts.
Wish you all the very best.
Rajendra K Goyal
(Expert) 05 June 2015
Well advised by the expert Kumar Doab, agree to it.
