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V Subramanian   26 May 2016

Gratuity eligibility

I worked with a MNC in India from 25 June 2010 to 24 June 2011 as a GET and was absorbed from 25 June 2011. I resigned from the organization on 05 April 2016 to pursue some higher studies in Inida.  When I applied for gratuity I have been denied stating that I have not completed five years of service.

I understand that GET period will not be taken for consideration. Hence, negating the GET period gives me 4 years, 9 months & 12 days.

I would be thankful if you can guide me if i am elgible to claim my gratuity amount which may be approximately amounting to Rs.40000/. I want to claim legally. 

Kindly guide me.



Learning

 10 Replies

Kumar Doab (FIN)     26 May 2016

You are eligible.

The establishment works for how many days/week;6 or less than 6?

All off days/holidays etc are counted in 190/240days.

Is the statement of establishment in writing?

Has the establishment supplied notice of determination of Gratuity and payment within 30days from LWD?

Have you submitted FormI?

adv.bharat @ PUNE (Lawyer)     26 May 2016

yes ur elegible to GET.

consult ur CA or local lawyer.

THanks

Kumar Doab (FIN)     26 May 2016

You may also post reply to following:

Probably GET mplies for Graduate Engineer Trainee. Were engaged as Trainee under Managements's standing Orders or Apprentice under Apprenticeship Act/Rules?

The relationship during so called period was that of employer-employee?

 

 

V Subramanian   26 May 2016

I was not able to apply for gratuity though I completed as system does not allow though I completed  4 years, 9 months & 12 days in deputy manager cadre. I have not taken into account my GET period of one year from 25th June 2010 to 24th June 2011.  It is under Management's standing order as I am B.Tech student.

The 4 years, 9 months and 12 days count from 25th June 2011 to 5/4/2016.    We work for 5 and half days every week.

Can you help me what i need to do

 

Kumar Doab (FIN)     26 May 2016

Submit FormI, under proper acknowledgment?

Write to good offices of appointing authority/MD.......................of course under proper acknowledgment, that notice of determination of Gratuity and payment was not supplied to you. 

Ritesh Maity (Labour Law Advocate)     27 May 2016

Send FORM I to the employer claiming gratuity as early as possible. If the employer does not pay within a month, file an application under FORM N before the controlling authority under the Payment of Gratuity Act. Every communication should be documented and send through registered post with proper acknowledgement.

V Subramanian   30 June 2016

I received a communication from my employer stating that i am not eligible as i have not completed 5 years of services.

 

Kindly let me know as to how to take it up. The company is a big multinational. I am pursing my PG in reputed institution and my future emploment should not be affected.    Kindly suggest me.

Kumar Doab (FIN)     30 June 2016

You have been well advised.

If you are unable to resolve on your own, lean on a very able counsel.

Asking for payment of Gratuity is not litigation.

You were at which location?

 

V Subramanian   30 June 2016

Worked in Vizag. Now pursuing further studies at Hyd. My home town is in Hosur, TN.  My father is to interact

Kumar Doab (FIN)     30 June 2016

The Payment of Gartuity Act, 1972  and Payment of Gartuity ( central ) Rules can be pursued at:

 

https://mahakamgar.maharashtra.gov.in/images/pdf/payment-of-gratuity-act-1972.pdf

 

AP Payment of Gratuity Rules 1972:

https://labour.ap.gov.in/documents/APPaymentofGratuityRules1972.pdf


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