Gratuity eligibility & steps ahead

You are still employee and have not separated.

Check now and after LWD; If the establishment has issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card,  and shall supply 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……………?    

Now or After LWD ; You may write under proper acknowledgment to designated HR person and good offices of appointing authority, MD/CEO that the 'Notice of Determination of Gratuity', payment of Gratuity, and requisite form if any may be supplied to you…….and necessary arrangements may be made to pay on LWD…

Or after LWD and getting above mentioned docs………. As IT suits you since you are closest to employer and IT’s attorneys in Line Management/HR etc and are aware of their attitude towards you and your hassle free relieving….. So you may apply your own judgment…’  

 If establishment/employer does not tender payment within 30days of LWD then IT has to tender interest @10%pa for the delayed period…
 

IT is otherwise better to get all of above docs and agitate later.

If establishment works for less than 6days/week then employee should have worked for 190days/year and in last year
 

Gratuity= { ( Basic+DA)/26*15*No. of years in service}

Basic+DA is as per last drawn wages… NO. of years is ; 5Y if criteria upto 5y as Act is satisfied.

And after 5Y of service (Calendar years from date of reference as in the Act or simply count from LWD/DOJ ) ………………..

>6Y=1Y

<6Y=0Y

At LCI e.g; in threads say under; Home/ Forum/ Labour & Service Law/ Gratuity where you have also posted query, you shall find many citations/ judgments posted by me from various High Courts, Apex Court, and others to help and support cause of querists like you…..and also illustrated discussions

Although there is  NO need to quote any citation since Payment of Gratuity Act is a statue and provisions in the Act are crystal clear…. still you can also pick up citations from this thread, other threads, Files, Articles, Judgments sections…

e.g; Article under my profile..   

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

“ No Limitation to Claim Payment of Gratuity”

 You may pick up the relevant points and take help of elders of your family, competent and experienced well wishers, seasoned employee’s/trade union leaders, seasoned ‘ Authorized Representatives’, a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..with whom you may share inputs /show the documents/evidence for a considered opinion..  

At each location three are some counsels that specialize in such matters and they are well known. Check for such counsels at LOCAL Labor Court/CGIT, O/o Controlling Authority of Gratuity ( ALC/ALCC/DLC…), School-Educational tribunal,CAT, civil courts, HC, SC……