Hi S.C. Verma,
It is shown as a part of CTC in the offer letter or appraisal/hike letter but never paid till date in the last 7 years.
So, I shoud be eligible for the payment now after resigning.
One more help, could I get the complete address for labour department. I am not sure whom to address in labour dept and what is the address in bangalore city.
Appretiate all the help!!
Thanks,
Pranab
From India, Delhi
It is shown as a part of CTC in the offer letter or appraisal/hike letter but never paid till date in the last 7 years.
So, I shoud be eligible for the payment now after resigning.
One more help, could I get the complete address for labour department. I am not sure whom to address in labour dept and what is the address in bangalore city.
Appretiate all the help!!
Thanks,
Pranab
From India, Delhi
Dear friends
I had worked in a company as an Office Manager and got a salary of Rs.14,500/= per month at the time of leaving the company. The employer has not at all settled my bonus and Encashment of EL till date.. Can I file a sue against the employer, before the labour commissioner in Tamilnadu.? This is for the year 2007-2008
Please advise.
V.Raajaram
From India, Madurai
I had worked in a company as an Office Manager and got a salary of Rs.14,500/= per month at the time of leaving the company. The employer has not at all settled my bonus and Encashment of EL till date.. Can I file a sue against the employer, before the labour commissioner in Tamilnadu.? This is for the year 2007-2008
Please advise.
V.Raajaram
From India, Madurai
Dear Pranab
Offcourse, you are eligible for getting gratuity payment. You should apply on the prescribed format under Payment of gratuity act through Registered post also. If your previous employer denied then you should complain in written to appropriate authority under Payment of gratuity act. If your company have branches more than one state then appropriate authority is Assistant labour Commissioner (Central), Bangalore, otherwise State Labour Commissioner.
Regards
Manoj Prasad
From India, Mumbai
12Offcourse, you are eligible for getting gratuity payment. You should apply on the prescribed format under Payment of gratuity act through Registered post also. If your previous employer denied then you should complain in written to appropriate authority under Payment of gratuity act. If your company have branches more than one state then appropriate authority is Assistant labour Commissioner (Central), Bangalore, otherwise State Labour Commissioner.
Regards
Manoj Prasad
From India, Mumbai
Read carefully
According to section 4(1) of the payment of gratuity act 1972, it shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years:
1- on his superannuation
2- on his retirement or resignation
3- on his death or disablement due to accident or dieses
Absence from duty without leave can not e said to result in breach of continuity of service for the purpose of this act (kothari industrial corporation v. appellate authority, 1998 Lab IC 1149(AP))
CONTINOUS SERVIC
According to section 2A
An employee shall be said to be in continuous services for a period of he has for that period been in un interrupted service including service which may be interrupted on account of sickness, accident ,leave, absence from duty without leave layoff , strike or a lock out or cessation of work not due to any fault of the employee
Where an employee is not in continuous service within the meaning of above for any period of on year or six months he shall be deemed to be in continuous service under the employer
From India, Pune
According to section 4(1) of the payment of gratuity act 1972, it shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years:
1- on his superannuation
2- on his retirement or resignation
3- on his death or disablement due to accident or dieses
Absence from duty without leave can not e said to result in breach of continuity of service for the purpose of this act (kothari industrial corporation v. appellate authority, 1998 Lab IC 1149(AP))
CONTINOUS SERVIC
According to section 2A
An employee shall be said to be in continuous services for a period of he has for that period been in un interrupted service including service which may be interrupted on account of sickness, accident ,leave, absence from duty without leave layoff , strike or a lock out or cessation of work not due to any fault of the employee
Where an employee is not in continuous service within the meaning of above for any period of on year or six months he shall be deemed to be in continuous service under the employer
From India, Pune
Hi Experts,
I received a mail from my previous employer finance dept stating as below
I have replaced the employer name with "X".
"
Dear Pranab,
Further to your note, please be advised that you will be eligible for gratuity payment, under the company policy if you have completed 5 years of service with X Limited in India. In your case, given that you have not completed the required 5 years of service with X India, therefore the gratuity payment is not applicable.
A strict interpretation of the Gratuity Act requires 5 years of continous service. However, as an employee friendly measure, X’s policy is to pay gratuity even if a person completes 5 years of service at X India, with gaps where the person has served in overseas offices. The overseas offices of X are not the same employer and therefore, the duration spent in overseas offices does not get recognized for payment of gratuity."
The person is saying that both India and overseas office are different, but I was only transferred to Overseas. I also have transfer letter from the employer. So, please suggest if it's proper to go legally now.
Thanks,
Pranab
From India, Delhi
I received a mail from my previous employer finance dept stating as below
I have replaced the employer name with "X".
"
Dear Pranab,
Further to your note, please be advised that you will be eligible for gratuity payment, under the company policy if you have completed 5 years of service with X Limited in India. In your case, given that you have not completed the required 5 years of service with X India, therefore the gratuity payment is not applicable.
A strict interpretation of the Gratuity Act requires 5 years of continous service. However, as an employee friendly measure, X’s policy is to pay gratuity even if a person completes 5 years of service at X India, with gaps where the person has served in overseas offices. The overseas offices of X are not the same employer and therefore, the duration spent in overseas offices does not get recognized for payment of gratuity."
The person is saying that both India and overseas office are different, but I was only transferred to Overseas. I also have transfer letter from the employer. So, please suggest if it's proper to go legally now.
Thanks,
Pranab
From India, Delhi
Dear Pranab,
In my opinion, your position is quite sound and you are eligible for payment of gratuity under the Payment of Gratuity Act, 1972 for total services rendered in India as well as overseas. However, I request you Shri Pranab Ji, not to hurry for legal course. Let it be the last tool. In reply to the aforesaid mail, you may shoot a rejoinder to the former employer and also submit with it a formal claim for gratuity stating full details of services rendered in this country as well as overseas, supported by copies of company orders to that effect which you have with you. If they refuse to pay, you may file a complaint with the Assistant Commissioner of Labour (State or Central as the case be). You will get the desired relief from him. Directly jumping to the court of law without exhausting other statutory channels may spoil your case, I am afraid. So please prefer to go step by step. It may take some time but ultimately, the victory will be yours only. Please do post your success story on this site. With regards,
From India, Pune
In my opinion, your position is quite sound and you are eligible for payment of gratuity under the Payment of Gratuity Act, 1972 for total services rendered in India as well as overseas. However, I request you Shri Pranab Ji, not to hurry for legal course. Let it be the last tool. In reply to the aforesaid mail, you may shoot a rejoinder to the former employer and also submit with it a formal claim for gratuity stating full details of services rendered in this country as well as overseas, supported by copies of company orders to that effect which you have with you. If they refuse to pay, you may file a complaint with the Assistant Commissioner of Labour (State or Central as the case be). You will get the desired relief from him. Directly jumping to the court of law without exhausting other statutory channels may spoil your case, I am afraid. So please prefer to go step by step. It may take some time but ultimately, the victory will be yours only. Please do post your success story on this site. With regards,
From India, Pune
HI Pranab,
I would suggest yout to share the lines which is in your Transfer letter with us, because legally we can play a lot with the usage of words in a official letter. You can scrach the company name and pls share the transfer letter issued to you when u travelled to onsite.
Regards
Jay
From India, Bangalore
I would suggest yout to share the lines which is in your Transfer letter with us, because legally we can play a lot with the usage of words in a official letter. You can scrach the company name and pls share the transfer letter issued to you when u travelled to onsite.
Regards
Jay
From India, Bangalore
Hi Pranab & others,
I'm also in a similar situation here. Worked for an IT service company in Bangalore for 5 yrs 9 mos and i'm in notice period now. After 3.5 yrs in India , I was transferred to U.S on work permit with the same company and returned back to same India Company after 1.5 years. In My India CTC also include Gratuity.
My company policies state, only India service is considered for Gratuity. I think I will also be not paid Gratuity though I served the company for close to 6 years.
Im not sure if this Gratuity is completely governed by Govt. Labour laws or Partially influenced by Companies. Becasue some companies even pay for 3 years of service.
Please share your experiences and course of action. I will also talk to HR people.
Thanks
Mohan
From India, Bangalore
I'm also in a similar situation here. Worked for an IT service company in Bangalore for 5 yrs 9 mos and i'm in notice period now. After 3.5 yrs in India , I was transferred to U.S on work permit with the same company and returned back to same India Company after 1.5 years. In My India CTC also include Gratuity.
My company policies state, only India service is considered for Gratuity. I think I will also be not paid Gratuity though I served the company for close to 6 years.
Im not sure if this Gratuity is completely governed by Govt. Labour laws or Partially influenced by Companies. Becasue some companies even pay for 3 years of service.
Please share your experiences and course of action. I will also talk to HR people.
Thanks
Mohan
From India, Bangalore
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Gratuity Eligibility.pdf
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