Vijay Kumar 16 December 2015

Gratuity - five days working company

Dear Experts,

I was working for an MNC company which works five days per week. I had completed total service of four years and 220 days with this company and got relieved last month (30 November 2015) only. Now, HR person had sent me F&F settlement sheet and I observed, gratuity was not taken into account. When I asked for my gratuity money, HR manager is saying that, I am not eligible for it as I have not completed Four years and 240 days. Kindly, let me know whether HR person is right or am I eligible for gratuity. If anybody can provide me with judgements related to gratuity applicable ability for a Five working day company.

Also, due to this he is holding my F&F Settlement money. I need your quick support on this matter on how to proceed further.

Regards,

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3 Replies

Kumar Doab (FIN) 16 December 2015

Asking,telling,saying are all verbal mode of communication and are difficult to prove.

Record all transactions (audio/visual/witnessed/minuted).

Preferably transact in writing under proper acknowledgment and obtain reply in writing.

There are personal matters and can be sent from personal email id and preferably should be thru Redg. Post.

The Payment of Gratuity Act,1972..................is clear on it that in case the establishment works for less than 6days/week then employee should have worked for 190days/week.

You may decline to accept FnF statement citing your points and mention that mandatorty 'Notice of Determination of Gratuity' and payment has not been supplied despite representation to Mr/Ms........................on dated..................and FormI is attached herewith, and obtain acknowledgment.

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

Vijay Kumar 16 December 2015

Thanks MR.Kumar Doab. No oral communications. I am having mail conversations. As suggested by you I will send a letter/notice to HR through registered post with acknowledgment.

I am not part of any employee / trade union.