I was on medical leave from the date on 2008 Jan 10. I submitted medical certificate and all in the time. But company decided to terminate me 6 months later. so I decided to submitted resign letter before they planned to terminate me.There is no other reason to terminate me. i was the best employ of the company on 2006. I was very punctual and dedicated with company through out my carrier.But I got relieving letter it was a normal letter, which i am attaching with it. I think I got letter like this but they entered in their data like termination.(I am not sure about that they happend mistake like that before with my colleague) please give me an advise
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Hi,
Please send me a gratuity report as per labour law. i have prepared the gratuity report like. Name - DOJ- Service in years- BA+DA - gratuity amount.
this kind of report my accountant is not accepting and he needs as per labour law with certified report by professionals.
Please advise me
From India, Bangalore
9Please send me a gratuity report as per labour law. i have prepared the gratuity report like. Name - DOJ- Service in years- BA+DA - gratuity amount.
this kind of report my accountant is not accepting and he needs as per labour law with certified report by professionals.
Please advise me
From India, Bangalore
Dear Mr.Santhoshkumar Yours is a case of resignation and not termination. You are entitled for gratuity. With regards
From India, Madras
From India, Madras
Dear Mr. Santosh Kumar,
You have a right to get your gratuity back from employer this right came by law,
you just do one thing, just go the labour department and meet the controlling authority along with Appointment Letter or Relieving Letter.
they can help you to get back your gratuity from your previous employer,
From India, Hyderabad
You have a right to get your gratuity back from employer this right came by law,
you just do one thing, just go the labour department and meet the controlling authority along with Appointment Letter or Relieving Letter.
they can help you to get back your gratuity from your previous employer,
From India, Hyderabad
Harikrishnan Sir had already cleared the query,
Gratuity (in your case) = Gratuity Days X One day Wage (Basic + DA)
Length of Service = 7 years 2 months 8 days, Gratuity Days = 7 X 15 + (2 X 30 + 8) X 15 / 365 = 108
Gratuity to be paid by the employer within 30 days after Retirement. We in our org. usually start our procedures 10 of the retiring month, such that we pay Gratuity on the next day of retirement.
You may meet ALC ( Asst. Labour Commissioner ) in regards to your unpaid Gratuity Amount, as in any case if employer have not paid gratuity to the concernd person of his/her nominee or in any dispute, he needs to submit the same with the ALC Office for safe custody and necessary action.
You may meet and your previous employer will have to pay you Gratuity with the interest therein...
From India, Varanasi
Gratuity (in your case) = Gratuity Days X One day Wage (Basic + DA)
Length of Service = 7 years 2 months 8 days, Gratuity Days = 7 X 15 + (2 X 30 + 8) X 15 / 365 = 108
Gratuity to be paid by the employer within 30 days after Retirement. We in our org. usually start our procedures 10 of the retiring month, such that we pay Gratuity on the next day of retirement.
You may meet ALC ( Asst. Labour Commissioner ) in regards to your unpaid Gratuity Amount, as in any case if employer have not paid gratuity to the concernd person of his/her nominee or in any dispute, he needs to submit the same with the ALC Office for safe custody and necessary action.
You may meet and your previous employer will have to pay you Gratuity with the interest therein...
From India, Varanasi
in case the employer has not paid the gratuity , please move an application before the ALC/Controlling Authority having jurisdiction ,along with your corrspondance for condonation of delay.
if the employer fails to pay the gratuity within the stipulated period i.e 30 from the day it becomes due.He we will be iable to pay 10% interest as notified by central govt vide notification No.S-70012/6/87.SS-II(II) dated 01 st Oct 1987
thanks & regrds
RL Dhingra
Advocate &
Labour Law Consultant,Delhi
mobile 09818309937,
email:
From India, Delhi
if the employer fails to pay the gratuity within the stipulated period i.e 30 from the day it becomes due.He we will be iable to pay 10% interest as notified by central govt vide notification No.S-70012/6/87.SS-II(II) dated 01 st Oct 1987
thanks & regrds
RL Dhingra
Advocate &
Labour Law Consultant,Delhi
mobile 09818309937,
email:
From India, Delhi
Dear Shri Santosh Kumar Ji
You are entitled to receive gratuity for the services rendered by you from 03/11/2000 to 10/01/2008. The qualifying service period is 7 years 02 months 07 days rounded off to 7years. Because the gratuity is computed on basic pay + dearness alllowance and not on other allowances only and you have not specified these two factors, I am not able to work out the amount of gratuity you are entitled to for 7 years. The reason you are not receiving the gratuity despite lapse of 2 years and 7 months may be because you have not filed written claim for gratuity. It is not automatic. You have to stack claim for payment of gratuity in the prescribed form. The form is available in the Payment of Gratuity Act, 1972. You may get a copy of the form from the office of your former employer or even from your present employer also. Please clarify whether you had filed written claim for payment of gratuity. The employer is bound to settle your claim within 30 days from the date of receipt of your claim or pay interest at bank rate for the period of delay beyond 30 days. Please let us know the date of your lodging the claim so that we can think what could be the possible reason for non payment of gratuity to you by your former employer. With regards,
From India, Pune
You are entitled to receive gratuity for the services rendered by you from 03/11/2000 to 10/01/2008. The qualifying service period is 7 years 02 months 07 days rounded off to 7years. Because the gratuity is computed on basic pay + dearness alllowance and not on other allowances only and you have not specified these two factors, I am not able to work out the amount of gratuity you are entitled to for 7 years. The reason you are not receiving the gratuity despite lapse of 2 years and 7 months may be because you have not filed written claim for gratuity. It is not automatic. You have to stack claim for payment of gratuity in the prescribed form. The form is available in the Payment of Gratuity Act, 1972. You may get a copy of the form from the office of your former employer or even from your present employer also. Please clarify whether you had filed written claim for payment of gratuity. The employer is bound to settle your claim within 30 days from the date of receipt of your claim or pay interest at bank rate for the period of delay beyond 30 days. Please let us know the date of your lodging the claim so that we can think what could be the possible reason for non payment of gratuity to you by your former employer. With regards,
From India, Pune
Dear Shri Santosh Kumar Ji,
Please see my earlier post and let me know whether your former employer has given you any written reply or they are giving only oral reply to your oral queries. Thanks and regards,
From India, Pune
Please see my earlier post and let me know whether your former employer has given you any written reply or they are giving only oral reply to your oral queries. Thanks and regards,
From India, Pune
Hi Shyam Agarwal
Thank you for your advise and replay
I haven't get any return replay from former employer.Because I have been not apply for gratuity by the return document.I was always through the telephone conversation with them. Because i thought procedure of gratuity approval is automatic. Only now i got correct way ,how to apply for gratuity.Actually I lost more than 3 years now.I will inform you the all progress of my gratuity approval.
thanks and regards
santhosh Kumar
From India, Thiruvananthapuram
Thank you for your advise and replay
I haven't get any return replay from former employer.Because I have been not apply for gratuity by the return document.I was always through the telephone conversation with them. Because i thought procedure of gratuity approval is automatic. Only now i got correct way ,how to apply for gratuity.Actually I lost more than 3 years now.I will inform you the all progress of my gratuity approval.
thanks and regards
santhosh Kumar
From India, Thiruvananthapuram
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc