I have completed 4 Years 247 Days in the organization in gujarat. I already provided documents i.e. Act related to gratuity as well as Madras high court decision/order I had requested many times for that but till date they have not considered the case.
According to them the Madras High court decision is not admissible in other state and gratuity can not be claimed. Hence the are denying.
Kindly provide document which can be used as supporting document for the case or clears the facts.
From India, Ahmedabad
According to them the Madras High court decision is not admissible in other state and gratuity can not be claimed. Hence the are denying.
Kindly provide document which can be used as supporting document for the case or clears the facts.
From India, Ahmedabad
30
Gratuity not Required Complete 5 years as a Continuous Service
By virtue of the judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)] -
https://boardhr.blogspot.com/2019/09...e-5-years.html
From India, Kolkata
By virtue of the judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)] -
https://boardhr.blogspot.com/2019/09...e-5-years.html
From India, Kolkata
Dear Rahul ji,
The said judgment of Hon'ble Supreme Court is under ID Act and not under Gratuity Act.
The provisions of ID Act does not apply to Gratuity Act. In the said judgment, not even a single word exists mentioning "gratuity".
Also please go to the opening line of your above comments which say "Gratuity not Required Complete 5 years as a Continuous Service". It clearly says that for payment of gratuity 5 years continuous service is not required to be completed.
Regards
From India, Chandigarh
The said judgment of Hon'ble Supreme Court is under ID Act and not under Gratuity Act.
The provisions of ID Act does not apply to Gratuity Act. In the said judgment, not even a single word exists mentioning "gratuity".
Also please go to the opening line of your above comments which say "Gratuity not Required Complete 5 years as a Continuous Service". It clearly says that for payment of gratuity 5 years continuous service is not required to be completed.
Regards
From India, Chandigarh
Ok, so I joined this company in 2012. So during the interview and signing of papers, I was told that I was being hired on contract and the only difference between me and any other employee is that I would not have a PF and medical insurance deduction. We only had a deduction of 10% TDS. We were paid a fixed "fee" every month.
After about 6-7 years of working in the company, after GST was introduced, we were asked to submit monthly invoices for tax audit purposes.
Now, all the rules and regulations, all policies of the company were applicable to me. I was recruited by the head of department, asked to report to her and assigned tasks of equal nature with anyone else in the team. I was quite young back then and didn't realise that these wordings were simply abused and the recruits tactfully made to sign them, with the clandestine goal of circumventing provisions of the labour laws.
My work in the organisation is as per the monthly roster prepared by the HOD for both "on rolls" staff as well as the few "on contract" staff. Often by default in a year or two the "on contract" staff simply get put on payrolls. I was even asked if I wanted to but I said that I preferred to get that formality done a year or so later because the salary I drew back then was quite less. Deductions such as PF, Diwali Bonus among others would reduce my monthly take home to significantly lower amounts.
To make it clear - I was in practice an employee with no rights to do a "come and go as I like" sort of job or do just the amount of work I chose to and demand pay only for that. Not doing a chore, just any chore or task asked of me would have led to disciplinary action against me. Therefore in practice the word "independent" was null and void.
Until recently the company did not have well framed policies and documents that defined various entitlements and duties of employees. Only recently with a revamp in the human resources department have these documents uploaded on the intranet site.
As of now, the exit interview form says that only "on roll" employees are entitled to gratuity benefits and I would only be given the "fee" after deduction of the number of days I am unable to serve notice. - Here we go. I am not even allowed to just exit at my own free will and will have to pay for the notice period not served.
About 3-4 years ago, they got all the "contract" employees to sign a letter saying they they are voluntarily forfeiting their right to PF benefits.
Now given that I have "signed" this tacitly worded letter, I see some of the forum commentators seem to be on the side of the employer and it is causing me paranoia if the labour commissioner may have a divided opinion on this. My company is not any ordinary one, they have significant influence at top places. Makes me wonder whether this will go towards a court and lawyer fees and years of runaround.
From India
After about 6-7 years of working in the company, after GST was introduced, we were asked to submit monthly invoices for tax audit purposes.
Now, all the rules and regulations, all policies of the company were applicable to me. I was recruited by the head of department, asked to report to her and assigned tasks of equal nature with anyone else in the team. I was quite young back then and didn't realise that these wordings were simply abused and the recruits tactfully made to sign them, with the clandestine goal of circumventing provisions of the labour laws.
My work in the organisation is as per the monthly roster prepared by the HOD for both "on rolls" staff as well as the few "on contract" staff. Often by default in a year or two the "on contract" staff simply get put on payrolls. I was even asked if I wanted to but I said that I preferred to get that formality done a year or so later because the salary I drew back then was quite less. Deductions such as PF, Diwali Bonus among others would reduce my monthly take home to significantly lower amounts.
To make it clear - I was in practice an employee with no rights to do a "come and go as I like" sort of job or do just the amount of work I chose to and demand pay only for that. Not doing a chore, just any chore or task asked of me would have led to disciplinary action against me. Therefore in practice the word "independent" was null and void.
Until recently the company did not have well framed policies and documents that defined various entitlements and duties of employees. Only recently with a revamp in the human resources department have these documents uploaded on the intranet site.
As of now, the exit interview form says that only "on roll" employees are entitled to gratuity benefits and I would only be given the "fee" after deduction of the number of days I am unable to serve notice. - Here we go. I am not even allowed to just exit at my own free will and will have to pay for the notice period not served.
About 3-4 years ago, they got all the "contract" employees to sign a letter saying they they are voluntarily forfeiting their right to PF benefits.
Now given that I have "signed" this tacitly worded letter, I see some of the forum commentators seem to be on the side of the employer and it is causing me paranoia if the labour commissioner may have a divided opinion on this. My company is not any ordinary one, they have significant influence at top places. Makes me wonder whether this will go towards a court and lawyer fees and years of runaround.
From India
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf