Non payment of gratuity
Hari
(Querist) 11 June 2016
This query is : Resolved
Sir ,
I have worked with an organization from June 2008 to Sept 2014 in a senior position . I have resigned own my own but my gratuity and f@f has not been settled till now . The company was funded by an mauritain based PE in 2007( they have significant investments in India )have a and they were holding major stake and other partners holding the remaining 30% ( approx. )there were two companies one was the parent company and other was the retail organization . I was with the parent company .
However , during 2015 , they have sold the retail company to an individual and I have no idea about the parent company , since it was formed for handling the procurement etc .
I understand that the parent company is still registered and operational , one of the earlier director is still holding the director post
Kindly guide me - how can I get my gratuity
2. can the earlier directors be hold responsible for non payment
3. what is the punishment for non payment of garuity
4. if the company is dissolved , how does the employee covered for compensation .
I have been following up for the payment thru mails and phone call , but there is non response yet .
Can u pls help me in drafting a notice to them . I don't want get in to too much legal battles , as I don't have time for that . Gratuity amount is to the tune of 5 lacs .Please help and guide
Rgds
hari
Kumar Doab
(Expert) 12 June 2016
You have given a very long rope to the employer.
The employer has to supply the Notice of Determination of Gratuity and payment even if NO application is made by the employee within 30 days from LWD or interest @10%pa shall be applicable.
You could have submitted FormI under proper acknowledgment.
The designation does not matter as the Act is applicable to all employees.
There is no ceiling on Gratuity.
There is provision of Recovery of gratuity.
There is provision of penalty and punishment with jail term to 'WHOEVER' avoids to pay Gratuity.
Has the company been dissolved?
Rajendra K Goyal
(Expert) 13 June 2016
Claim the gratuity on prescribed form under acknowledgement.
