Hi experts,
I worked with an IT company in Bangalore for almost 7 years.
During this 7 years duration, I also travelled to USA to provide service and consultation on behalf of my company. I was trasferred on L1 visa to serve the client at USA and then return to India office. Now, after I resigned from the company I am denied for the gratuity payment giving reason I need to work 5 years in India location for eligibility of gratuity payment. In my case, it is coming around 4 years in India location and 3 years in USA but serving the same company. It came to me as surprise, since as per gratuity act it is the continuous service to the employer for 5 or more years which in my case is true.
To add more, Gratuity amount was also shown as part of CTC by the employer. I have also received my experience letter where it is mentioned as 7 years service to the company.
I need guidance whether I am eligible for gratuity payment from my previous employer and incase I am eligible what legal action I can take to get the payment.
From India, Delhi
I worked with an IT company in Bangalore for almost 7 years.
During this 7 years duration, I also travelled to USA to provide service and consultation on behalf of my company. I was trasferred on L1 visa to serve the client at USA and then return to India office. Now, after I resigned from the company I am denied for the gratuity payment giving reason I need to work 5 years in India location for eligibility of gratuity payment. In my case, it is coming around 4 years in India location and 3 years in USA but serving the same company. It came to me as surprise, since as per gratuity act it is the continuous service to the employer for 5 or more years which in my case is true.
To add more, Gratuity amount was also shown as part of CTC by the employer. I have also received my experience letter where it is mentioned as 7 years service to the company.
I need guidance whether I am eligible for gratuity payment from my previous employer and incase I am eligible what legal action I can take to get the payment.
From India, Delhi
If you have worked more than 5 yrs continuously in single company then you are eligible for gratuity & also elogible to take legal action against the company.
My question to you does you organization convered under Gratuity Act??
From India, Pune
46My question to you does you organization convered under Gratuity Act??
From India, Pune
Thanks, Prashant.
Yes, I worked in single company but as most IT companies send people at onsite for clients the same way I went to USA on L1 visa.
I think my organization should come under Gratuity act, its a well know IT company in India similar to wipro or infosys etc.
I have one more question, what steps can I take against my previous employer to get the gratuity payment?
Thanks,
Pranab
From India, Delhi
Yes, I worked in single company but as most IT companies send people at onsite for clients the same way I went to USA on L1 visa.
I think my organization should come under Gratuity act, its a well know IT company in India similar to wipro or infosys etc.
I have one more question, what steps can I take against my previous employer to get the gratuity payment?
Thanks,
Pranab
From India, Delhi
Any suggestions, what are the different options available to go against my previous employer to get the gratuity payment.
I mailed to the concern person in the company regarding the denial for gratuity pamyemt but he is not responding at all.
Please suggest what should be my next step to start with.
Currently, I am in delhi and my previous employer is in Bangalore so not able to meet in person.
Thanks,
Pranab
9560011439
From India, Delhi
I mailed to the concern person in the company regarding the denial for gratuity pamyemt but he is not responding at all.
Please suggest what should be my next step to start with.
Currently, I am in delhi and my previous employer is in Bangalore so not able to meet in person.
Thanks,
Pranab
9560011439
From India, Delhi
You may apply in form I to the previous employer. If they refuse saying that you are not eligible for gratuity since you did not serve in India for five years, you may quote that your CTC included gratuity and it would be impartial to refuse it as it fell part of your remuneration. Deputation will not make your service interrupted any way. Therefore, you can take the assistance of the Labour Department.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Mr.Pranab
As Mr.Madhu advised, you may apply in Form I and copy may please be marked to Labour Commissioner's Office at Bangalore.
As it is you are eligible for Gratuity (since you have been given an Experience Certificate) you may also include a copy of the same alongwith the copy to Labour Commissioner's Form I.
Your employer should pay your Gratuity automatically within 30 days of your relieving from your previous employer.
All the best.
K. Gopalakrishnan
Sriperumbudur
Tamil Nadu
From India, Bangalore
As Mr.Madhu advised, you may apply in Form I and copy may please be marked to Labour Commissioner's Office at Bangalore.
As it is you are eligible for Gratuity (since you have been given an Experience Certificate) you may also include a copy of the same alongwith the copy to Labour Commissioner's Form I.
Your employer should pay your Gratuity automatically within 30 days of your relieving from your previous employer.
All the best.
K. Gopalakrishnan
Sriperumbudur
Tamil Nadu
From India, Bangalore
Dear Pranab,
You are very much eligible to get Gratuity from your employer. Gratuiy comes under CTC as per your appointment order was given by employer is acceptable. Denying Gratuity even after completing the continuous service with one Company is violation of the rules by your employer. Because, you have been given appointment order in India and was deputed by the same Company in USA. Hence, basically you are posted in Indian Company and asked to go on deputation on work permit Visa. If any person continuous works with an organisation for a period 5 years is eligible for Gratuity. And also payment of Gratuity is an Statutory obligation by employer. You can approach LABOUR COURT and file a case for breach of duty by your employer.
Thanks
Raja Sekhar K.
From India, Madras
You are very much eligible to get Gratuity from your employer. Gratuiy comes under CTC as per your appointment order was given by employer is acceptable. Denying Gratuity even after completing the continuous service with one Company is violation of the rules by your employer. Because, you have been given appointment order in India and was deputed by the same Company in USA. Hence, basically you are posted in Indian Company and asked to go on deputation on work permit Visa. If any person continuous works with an organisation for a period 5 years is eligible for Gratuity. And also payment of Gratuity is an Statutory obligation by employer. You can approach LABOUR COURT and file a case for breach of duty by your employer.
Thanks
Raja Sekhar K.
From India, Madras
Dear Shri Pranab,
As advised by the seniors above, please file your claim for gratuity in the prescribed form supported by a copy of experience letter which you possess. File it personally and also send a copy by speed post and retain the postal acknowledgement. Confirm its delivery to the former employer from Speed Post tracker website. If you do not get gratuity payment or any other written reply from the employer, please approach the Labour Commissioner (State) of the area. You will get the gratuity with interest beyond 30 days of receipt of your claim in the employer's office. Please do post your success story for information of others. With regards,
From India, Pune
As advised by the seniors above, please file your claim for gratuity in the prescribed form supported by a copy of experience letter which you possess. File it personally and also send a copy by speed post and retain the postal acknowledgement. Confirm its delivery to the former employer from Speed Post tracker website. If you do not get gratuity payment or any other written reply from the employer, please approach the Labour Commissioner (State) of the area. You will get the gratuity with interest beyond 30 days of receipt of your claim in the employer's office. Please do post your success story for information of others. With regards,
From India, Pune
Thanks, Prashant Madhu.T.K K. Gopalakrishnan Raja Sekhar K. Debashreeta Shyam Manish for the valuable advise and suggestion. I will be following as per advised and will inform citeHR. Thanks, Pranab
From India, Delhi
From India, Delhi
Dear Shri Pranab,
As you have written that gratuity was a part of your CTC which means that the compnay was discharging its liability concurrently by including the gratuity component in your monthly salary drawn by you. It could be the reason for their denial. But otherwise, you are eligible to draw grauity on the basis of your service rendered, if not already paid.
S.C. Verma
From India, Delhi
As you have written that gratuity was a part of your CTC which means that the compnay was discharging its liability concurrently by including the gratuity component in your monthly salary drawn by you. It could be the reason for their denial. But otherwise, you are eligible to draw grauity on the basis of your service rendered, if not already paid.
S.C. Verma
From India, Delhi
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