I have been a permanent employee in a company called Great Fortune Infotech Private Limited, having its office at B-191 Okhla Industrial Area Phase 1, New Delhi 110020 since July 23, 2001. My services were recently terminated giving me one month notice on Feb 01, 2011. The company has more than 25 employees and citing loss of clients; all employees have bee sacked.
Now the company is not ready to pay gratuity, saying since it is a private limited company and gratuity has not been mentioned in the employment letter.
My understanding is that gratuity is to be paid by all companies irrespective of the fact it is mentioned in the employment letter or not, private or public limited.
Please advice me as to what steps I need to take in order to ensure that the company pays my gratuity amount as specified in the law.
Thanks you.
From India, Delhi
Now the company is not ready to pay gratuity, saying since it is a private limited company and gratuity has not been mentioned in the employment letter.
My understanding is that gratuity is to be paid by all companies irrespective of the fact it is mentioned in the employment letter or not, private or public limited.
Please advice me as to what steps I need to take in order to ensure that the company pays my gratuity amount as specified in the law.
Thanks you.
From India, Delhi
Dear Anurag,
Irrespective of losses etc. a company needs to make provisions for payment of Gratuity in their books of account.
Please approach the local labour office. Or write a claim letter with a cc to the labour comissioneer.
From India, Pune
43Irrespective of losses etc. a company needs to make provisions for payment of Gratuity in their books of account.
Please approach the local labour office. Or write a claim letter with a cc to the labour comissioneer.
From India, Pune
I have both the confirmation letter and termination letter (though the termination letter is through email). So establishment of employment is not an issue. Can anyone suggest where is the nearest office of labor commission (company is based in Okhla) and how the experience is of others who have gone there. Is lodging a complaint simple process; does it mean lot of paperwork, and bureaucratic red tape, how quickly the matter is resolved, and do I need some proof of refusal to pay gratuity by the employer. Any other advice which will get me my dues will the helpful. Do I approach a lawyer first, can anyone in this forum do the needful for me (I am willing to pay reasonable fee).
Thanks and regards.
From India, Delhi
Thanks and regards.
From India, Delhi
Hello. Can anyone tell me the address and other contact details of the office of the labour commissioner where complaint against a company refusing to pay gratuity can be made. The company in question is located at Okhla Industrial Area Phase 1, New Delhi.
From India, Delhi
From India, Delhi
Dear Anurag,
You can approach the labour office of your area however, the most important thing is to obtain relieving letter cum no due certificate from your employer. Don't approach your labour office unless you get these two.
The relieving letter will serve the purpose of proof of employment. You can follow the following procedure:
a) Once you get relieving letter, you send a letter to your employer by Registered A/D asking for the gratuity.
b) If no reply is received, send a second letter (or reminder) quoting reference of your first letter. Send this letter also by Registered A/D. However, this time, mark copy of this letter to the labour officer of your area.
c) If employer does not take any action even after fortnight or so, go to labour office, with all the proof of your employment, and past correspondence and explain to him your problem. Labour officer, if busy, may give appointment on specified date. Go again and explain him everything.
d) Labour officer will treat this as industrial dispute and will call both the parties. He will give his verdict (most probably, it should be in your favour). At this time you need to prove that there was no break in your employment and yours was continuous service of 4 years and 240 days at least or more.
e) If your employer is still adamant and does not pay you gratuity, approach some lawyer and send a lawyer's notice.
f) If employer does not respond to the lawyer's notice also then you are free to file suit against your employer.
g) If there are so many persons who could not get gratuity, then better all of you follow the same procedure and while approaching labour officer all of you go together. Your collective representation will add weight to your demand.
Ok...
Dinesh V Divekar
From India, Bangalore
You can approach the labour office of your area however, the most important thing is to obtain relieving letter cum no due certificate from your employer. Don't approach your labour office unless you get these two.
The relieving letter will serve the purpose of proof of employment. You can follow the following procedure:
a) Once you get relieving letter, you send a letter to your employer by Registered A/D asking for the gratuity.
b) If no reply is received, send a second letter (or reminder) quoting reference of your first letter. Send this letter also by Registered A/D. However, this time, mark copy of this letter to the labour officer of your area.
c) If employer does not take any action even after fortnight or so, go to labour office, with all the proof of your employment, and past correspondence and explain to him your problem. Labour officer, if busy, may give appointment on specified date. Go again and explain him everything.
d) Labour officer will treat this as industrial dispute and will call both the parties. He will give his verdict (most probably, it should be in your favour). At this time you need to prove that there was no break in your employment and yours was continuous service of 4 years and 240 days at least or more.
e) If your employer is still adamant and does not pay you gratuity, approach some lawyer and send a lawyer's notice.
f) If employer does not respond to the lawyer's notice also then you are free to file suit against your employer.
g) If there are so many persons who could not get gratuity, then better all of you follow the same procedure and while approaching labour officer all of you go together. Your collective representation will add weight to your demand.
Ok...
Dinesh V Divekar
From India, Bangalore
Thank you Dinesh Divekar.
I have a relieving email from my employer. I also have a termination letter which is on email. Employment letter of course is in hard copy form. I hope this will suffice. Also my services were terminated wef Feb 28, 2011. The company is dillydallying and not giving any firm reply this way or other. What I want to be sure is there is no limitation as to when one can approach the labor office for relief. If there is then I am sure the company is taking advantage of this fact. Also I have to get Form 16 from them for the tax deducted from my salary. Is it possible for the company to use this as a tool to deny gratuity. Please advice.
From India, Delhi
I have a relieving email from my employer. I also have a termination letter which is on email. Employment letter of course is in hard copy form. I hope this will suffice. Also my services were terminated wef Feb 28, 2011. The company is dillydallying and not giving any firm reply this way or other. What I want to be sure is there is no limitation as to when one can approach the labor office for relief. If there is then I am sure the company is taking advantage of this fact. Also I have to get Form 16 from them for the tax deducted from my salary. Is it possible for the company to use this as a tool to deny gratuity. Please advice.
From India, Delhi
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