Hi I have completed five years in a Startup company recently. Now I have got new opportunity from an MNC and I will be shifting this month. When I asked my manager about gratuity, he said we did't had any provision for gratuity and we haven't deducted any amount on account of gratuity, ultimately they are denying to pay. 7-8 months earlier we had business meeting, where HR has given presentation about new policies and other things, she has mentioned about gratuity benefits to the eligible employees. I just wanted to confirm that the company has to pay Gratuity mandatorily to the employee who has completed 5yrs or it is not mandatory. Please advice.
Thanks
Sachin
From India, Pune
Thanks
Sachin
From India, Pune
(4) It shall come into force on such date as the Central Government may, by notification, appoint.
From United Arab Emirates, Dubai
42From United Arab Emirates, Dubai
(4) It shall come into force on such date as the Central Government may, by notification, appoint.
From United Arab Emirates, Dubai
From United Arab Emirates, Dubai
The company required to pay you the gratuity provided it employs or had employed 10 persons or more.
From India, Kochi
From India, Kochi
Dear, due to some technical issue my post is incomplete.
Anyhow legally you are eligible to get gratuity. If any employee has completed 4 years & 240 days of continuous services legally he is eligible to get Gratuity. Employer cannot denied to pay the same.
Must follow the post of
. (company has employed 10 persons in preceding 12 months).
From United Arab Emirates, Dubai
Anyhow legally you are eligible to get gratuity. If any employee has completed 4 years & 240 days of continuous services legally he is eligible to get Gratuity. Employer cannot denied to pay the same.
Must follow the post of
From United Arab Emirates, Dubai
Inform your HR manager that you have checked with your lawyer and you have been advised that you are entitled for Gratuity. Tell her to check with company lawyer and then revert.
You could also fill up the gratuity claim forms and send it by registered post to the company seeking gratuity. In the covering note, you may mention that as per law they have to make payment within the x number and of days. Am sure someone will guide you on the correct procedure. If not you can search in the thread for gratuity.
From Indonesia, Jakarta
You could also fill up the gratuity claim forms and send it by registered post to the company seeking gratuity. In the covering note, you may mention that as per law they have to make payment within the x number and of days. Am sure someone will guide you on the correct procedure. If not you can search in the thread for gratuity.
From Indonesia, Jakarta
""When I asked my manager about gratuity, he said we did't had any provision for gratuity and we haven't deducted any amount on account of gratuity, ultimately they are denying to pay. ""
You are entitled for gratuity.
Your manager is ill informed when he says-they have not deducted anything for gratuity'
The company is not expected to deduct anything from employee for gratuity.
It is a liability for the company to pay.
From India, Pune
You are entitled for gratuity.
Your manager is ill informed when he says-they have not deducted anything for gratuity'
The company is not expected to deduct anything from employee for gratuity.
It is a liability for the company to pay.
From India, Pune
you may send gratuity claim form I through registered post, they have to pay your gratuity amount within 30 days as per the rules. its employer responsible to pay gratuity to eligible employees.
please give more details like, DOJ/DOL/ last drawn salary of Basic + DA for giving more clarity.
Regards
A.Selvaraju
From India
please give more details like, DOJ/DOL/ last drawn salary of Basic + DA for giving more clarity.
Regards
A.Selvaraju
From India
Section 1 of the Payment of Gratuity Act, 1972 provides the answer:
1. SHORT TITLE, EXTENT, APPLICATION AND COMMENCEMENT. –
(1) This Act may be called the Payment of Gratuity Act, 1972.
(2) It extends to the whole of India: Provided that in so far as it relates to plantations or ports, it shall not extend to the State of Jammu and Kashmir.
(3) It shall apply to –
(a) every factory, mine, oilfield, plantation, port and railway company;
(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
(c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.
From India, Kochi
1. SHORT TITLE, EXTENT, APPLICATION AND COMMENCEMENT. –
(1) This Act may be called the Payment of Gratuity Act, 1972.
(2) It extends to the whole of India: Provided that in so far as it relates to plantations or ports, it shall not extend to the State of Jammu and Kashmir.
(3) It shall apply to –
(a) every factory, mine, oilfield, plantation, port and railway company;
(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
(c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.
From India, Kochi
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc