Gratuity wrong calculation

If the Payment of Gratuity Act,1972 was applicable to establishment from your DOJ then you should be eligible from DOJ.

If you worked with establishment without any break in service then you should be eligible from DOJ.

If name and style of the establishment was changed but you remained employee (without any break/resignation) then you should be eligible from DOJ till LWD.

Do you have appointment letter issued to you on your DOJ (1st appointment)?

Did you resign when the company was made as posted by you Pvt.Ltd?

Thus if you worked for > 5Y then you should get experience letter for > 5Y.

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

Basic+DA is as per last drawn wages.

NO of years in service:

If you have worked for > 6months in last year than take it =1Y

If you have worked for ≤ 6months in last year than take it =0Y

Start from DOJ , count 1y and so on till LWD and arrive at NO. of years in service.

Write to designated person and or good offices of appointing authority/MD/CEO in establishment that ‘Notice of Determination’ of Gratuity and payment has not been supplied to you till date and ask to supply to you immediately by Redg. Post.

Once you have the document supplied to you, point out the errors.

In the meantime you may go thru:

The Payment of Gratuity Act, 1972; 1,2A,7

https://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

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

The establishment is in which state?

You are in which state?

3 (three) vague and irrelevant posts on the part of Mr. Kumar Doab (unreal name) without any solution to the querist what to do, as if made just to play a number game to add numbers of posts to his credit.

@ Mr. Abhishek Mehta,

You are required to justify your stand before the company management. No legal solution, possible without appropriate proof in support of your statement.

Originally posted by : abhishek mehta
	Hello Sir/Madam, I was a part of new company where they started at that time they were not private ltd after 2-3 months of joining to company. in month of july 2017 i have completed 5 years of my job & i have resigned & relieved from the company on 13 october, 2017 after successfully executing my notice period. Till date they haven't pay my gratuity & now they are calculating gratuity only for 1.33 years not full 5 years by saying i was part of pvt ltd for only that time of duration. So my actual gratuity calculation is 83,000 & they are wiling to pay only 22000. Can any expert please advise how can i go further. I have expierence letter for  5 years of pvt ltd company. Please give some advice on urgent basis.

Dear LCI Querist @ Mr. abhishek mehta 

Write to designated person and or good offices of appointing authority/MD/CEO in establishment that ‘Notice of Determination’ of Gratuity and payment has not been supplied to you till date and ask to supply to you immediately by Redg. Post.
The employer is liable to post correct calculation and pay within 30days from LWD.
If there are errors as already explained point these out and ask to corect.

In case of eligibility and delay you are eligible to get interest @ 10% pa for the delayed period. This is not discretionary.   

IT=@PSD 

entity in 5th and 6h post will, as usual from day 1 under all of IT=@PSD's multiple fake ID's, post endless nuisance, abuse,sarcasm.....

IT=@PSD  will run to post abuse at profile of Querist, membrs,Experts, as usual....

From day1 under all of multiple fake ID's  IT=@PSD has been posing fully wrong posts.

IT=@PSD is afflicted with IT's ideopathic Tamashaa with Gratuity.

The gratuityamount depends upon the tenure of service and last drawn salary. It is calculated according to this formula: Last drawn salary (basic salary plus dearness allowance) X number of completed years of service X 15/26.

As they are lying to you, this payment of graduity apply to evey employees in india, and graduity can only be paid to an employee when the employee worked experince shall be 5 years of continous service. 

contact 9999197883 or 1404ankit@gmail.com

Send the simple communication as sugested.

Prescribed forms can be submitted if required, to authority. 

Thank you for your quick reply on matter. No sir i do not have appointment letter but i do have expierence letter on letter head of company.