Gratuity payment
HARI NAREN
(Querist) 22 June 2018
This query is : Resolved
Dear Sir,
I served in Software company for 5 yrs -3 months. I will be eligible for Gratuity Payment.I left the company last month on 8 May. I approached management for Gratuity i got response that ...they are not having any such policy.
I need a help in this regard hence i can provide more details in this regard.
Thank you
Hari Naren
Kumar Doab
(Expert) 22 June 2018
Have you approached in writing?
Has the establishment declined in writing?
Who has conveyed that ‘They are not having any such policy’?
Has establishment mentioned about Gratuity in appointment letter, service rules, HR policy, CTC annexure etc etc ?
Kumar Doab
(Expert) 22 June 2018
Software companies are covered by Shops & Estbs Act of the state.
You may carefully go thru; Payment of Gratuity Act,1972; 1, 2,2A,4,7,9 http://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf
and check if your establishment is covered ( as per number of employees) and you are eligible..
You may also go thru simple to understand: THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972 https://labour.gov.in/sites/default/files/ThePaymentofGratuityRules.pdf
and simple to understand Rules by your state e.g;
The Payment of Gratuity (Maharashtra) Rules, 1972
http://www.esipf.com/labour-law/the%20gratuity%20act.pdf
Kumar Doab
(Expert) 22 June 2018
The querist/any employee must write to employer under proper acknowledgment to supply; ‘Notice of Determination of Gratuity’ {that should contain DOJ-LWD, (Basic +DA) as per last drawn salary, NO. of years in service}, Requisite forms if any, payment of Gratuity..
The employer is under obligation to reply and agree to pay or decline to pay citing reason.
Gratuity= {(Basic+DA)/26*15*No. of years in service}
(Basic +DA) as per last drawn salary
After 5 calendar years;
No of years=1 if employee has worked >6 months ………..and ……………….. No of years=0 if employee has worked <6 months…
The reply of establishment that ‘They are not having any such policy’ is of NO consequence if Act applies to establishment and employee is eligible.
Kumar Doab
(Expert) 22 June 2018
The querist/any employee must write to employer under proper acknowledgment to supply; ‘Notice of Determination of Gratuity’ {that should contain DOJ-LWD, (Basic +DA) as per last drawn salary, NO. of years in service}, Requisite forms if any, payment of Gratuity..
The employer is under obligation to reply and agree to pay or decline to pay citing reason.
Gratuity= {(Basic+DA)/26*15*No. of years in service}
(Basic +DA) as per last drawn salary
After 5 calendar years;
No of years=1 if employee has worked >6 months ………..and ……………….. No of years=0 if employee has worked <6 months…
The reply of establishment that ‘They are not having any such policy’ is of NO consequence if Act applies to establishment and employee is eligible.
Kumar Doab
(Expert) 22 June 2018
The querist/any employee must write to employer under proper acknowledgment to supply; ‘Notice of Determination of Gratuity’ {that should contain DOJ-LWD, (Basic +DA) as per last drawn salary, NO. of years in service}, Requisite forms if any, payment of Gratuity..
The employer is under obligation to reply and agree to pay or decline to pay citing reason.
Gratuity= {(Basic+DA)/26*15*No. of years in service}
(Basic +DA) as per last drawn salary
After 5 calendar years;
No of years=1 if employee has worked >6 months ………..and ……………….. No of years=0 if employee has worked <6 months…
The reply of establishment that ‘They are not having any such policy’ is of NO consequence if Act applies to establishment and employee is eligible.
Adv.Ambrose Leo
(Expert) 22 June 2018
Under The Payment of Gratuity Act , 1972 and Rules, 1972, Every Employer has to pay Gratuity on Completion of five years of continuous service on retirement/resignation to the eligible employee within 30 days of applying for gratuity Form' I '.If have difficulty better to take advice & Help from Professional Employment & Labour and service matter expert lawyer for quick recovery of gratuity.
Surrender K Singal
(Expert) 24 June 2018
Notice to employer can be copied to designated authority in the Labour Office of the area, who can surely issue notice to the management to respond for such non-payment;
