Gratuity...... pls reply urgently
SIA...............
(Querist) 25 May 2013
This query is : Resolved
Hi sir ,
i had joined the company on 2nd June 2013 and my last day of employment was 15th April 2013 .
i had asked me company to pay me gratuity but they are denying and asking under which act or section i am,asking so ,
they mailed me back saying my claim has been denied .
pls confirm,240 +days in 5th year us eligible or not and also how to go about it .
kind Regards
M.Sheik Mohammed Ali
(Expert) 25 May 2013
yes, its correct, minimum working day is 4+240days compulsory
Kumar Doab
(Expert) 25 May 2013
Submit FormI under proper acknowledgment.
Payment of Gratuity Act 1972:
Section2A:
2(a)………………Date of reference to which calculation is to be made, has actually worked under the employer for not less than -
(i) 190 days………………. in an establishment which works for less than six days in a week;
SIA...............
(Querist) 25 May 2013
Thank you Kumar , can i do so by my own , ir will need an lawyer ir advocate to help me out wit it .
also do i need to send this to my ex firm or somewhere else .
someone even suggested form I .
Kumar Doab
(Expert) 25 May 2013
If you are finding it difficult to handle approach your lawyer and your lawyer would know how to drill sense and chill the spine.
FormI can be submitted by Employee or his representative to Company preferably o/o of Appointing Authority or MD. Employee may prefer redg. post and avoid speed post/courier.
Employer is also duty bound to determine the amount of Gratuity and supply notice to employee { Sec7 (2)}.
There is a provision for penalty and punishment both for Employee of employer/Employer and Ex. Employee who is beingd denied payment of Gratuity may put emphasis on word “WHOEVER” as stated in Section9………..and this may drill sense into the heads of HR personnel and employer.
HR is not your employer. It is another employee in the company duty bound to advice the employer properly. .
Section: 7
Determination of the amount of gratuity.
(1) A person who is eligible for payment of gratuity under this Act or any person authorised, in writing, to act on his behalf shall send a written (1) A person who is eligible for payment of gratuity under this Act or any person authorised, in writing, to act on his behalf shall send a written application to the employer, within such time and in such form, as may be prescribed, for payment of such gratuity.
(2) As soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority specifying the amount gratuity so determined.
(3) The employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable.
(3A) If the amount of gratuity payable under sub-section (3) is not paid by the employer within the period specified in sub-section (3), the employer shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the Central Government from time to time for repayment of long-term deposits, as that Government may, by notification specify:
{ It is felt that interest on period of delay is 10%}
Section: 9
Penalties.
(1) Whoever, for the purpose of avoiding any payment to be made by himself under this Act or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both.
{ It is felt that the fine is Rs. Twenty Thousand}
Raj Kumar Makkad
(Expert) 25 May 2013
How is it possible that you joined the company on 02 June 2013 and left job on 15 April 2013 and you are raising query on 25 May 2013 and even then are demanding the gratuity?
First correct the period and then post the query again.
Raj Kumar Makkad
(Expert) 25 May 2013
You are fully entitled for the gratuity as you have completed 4 years and 240 days in 5th year.
SIA...............
(Querist) 25 May 2013
Thank you Kumar Doab for such a detailed explanation , it will,hlp,not,only,me,but,others too like me,who are unaware about it . i will act as per it and will get back again to thank you when it is cleared . thanks again .
Kumar Doab
(Expert) 26 May 2013
Mr. Makkad has made astute observations, which everyone missed, and resolved the query.
