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Manish Sikdar ( Social Worker)     16 February 2017

Gratuity

D/ Sir, Is the contractual employee has right to get Gratuity as per Gratuity Act, 1972. If deny by employer / Principal employer what would the next step taken. Appreciate your feedback.


Learning

 7 Replies

Kumar Doab (FIN)     16 February 2017

Submit FormI under proper acknowledgment, to both. Mnetion that Notice of Determination of Gratuity and payment has not been supplied despite representations ( narrate details) 

Let the establishment reply in writing and decline.

If establishment has declined in writing approach; Controlling Authority.

Manish Sikdar ( Social Worker)     25 February 2017

 

Thanks, but whom i address the apple i.e appellate authority

Pls. confirm.

Ritesh Maity (Labour Law Advocate)     25 February 2017

Send FORM I to the company and wait for a month. 

If there is no response or denial, make an application in FORM N to the controlling authroity within next three months.

Please note that if there is a delay of more than 3 months in filing FORM N from the last date of work, then enclose a petition for condonation of delay along with FORM N. 

Kumar Doab (FIN)     25 February 2017

Send to MD of both your employer/Principle employer.

You are likely to get a response.

 

Manish Sikdar ( Social Worker)     27 February 2017

Thanks for guiding on.. 

Lastly, when I’m eligible for withdraw it (after 4 yr. 240 / 5 yrs) complete the Job or else resign from the esteemed Org.

Please help in this regard.

Ritesh Maity (Labour Law Advocate)     27 February 2017

You will be entilted to gratuity upon cessation of employment provided that you have completed 5 years of service.

Kumar Doab (FIN)     27 February 2017

After separation by resignation/termination if employee has worked for 4Y and 190/240days.


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