Gratuity eligibility

While posting such queries employee should post basic information!

What is this establishment; Govt, private, Commercial, Industrial?

IT operates in how many states?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

You may revert to relevant points.

Name of company etc is not required so don’t post names etc

Download irrefutable evidences that establishment worked/works for 5days/week, in each year from your DOJ to LWD, Gratuity Rules of establishment that may be available on shared portals thru employee log in……….

Generically speaking; as on date you have worked for 01D07M04Y.

As per your post you should have worked for 190D/year and in last year….

And should have worked for 240D/year and in last year….if establishment works for 6days/week.

Believing that; you are employed with private establishment.

GO thru;

Payment of Gratuity Act, 1972; 1, 2,2A,4,7,9

Gratuity rules as in your state e.g; Maharashtra

The Payment of Gratuity (Maharashtra) Rules, 1972.

THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972-1

All of these Act/rules are available on Dept. of labor of the state also.

If the employer does not pay within 30days from LWD employer is liable to tender interest @ 10%pa.

Employee (you) may write under proper acknowledgment that ‘Notice of determination of Gratuity’, payment of Gratuity, requisite forms if any may be supplied….by redg. Post..at following address.

And later if employer does not supply then employee may under proper acknowledgment ,that these have not been supplied.

Thereafter  employee may submit FormI, under proper acknowledgment.

There are many threads on similar query at LCI that have all of Act/rules and even judgments that you can search in SEARCH option  e.g;

Home/ Forum/ Labour & Service Law/ Gratuity

and even under Articles my Profile..

e.g;

Off days, holidays are counted in service period for the Payment of Gratuity !

No Limitation to Claim Payment of Gratuity