Dear Seniors
I am working with a media company for last 12 years and am currently serving my notice period. At the time of my resignation, I had requested to settle my salary dues, gratuity and PF. My resignation was accepted, and the HR/accounts department were advised to do the needful. But now my HR informs me that the management is not giving me gratuity, as they have not been following this practice and have no provisions of the same. The management has categorically said NO but are not committing the same in writing. The company is registered in Delhi, but is operating from Noida, please let me know which labor office should i approach, Noida or Delhi? Please advise, what should I do?
Regards
Shivani
From United Kingdom
I am working with a media company for last 12 years and am currently serving my notice period. At the time of my resignation, I had requested to settle my salary dues, gratuity and PF. My resignation was accepted, and the HR/accounts department were advised to do the needful. But now my HR informs me that the management is not giving me gratuity, as they have not been following this practice and have no provisions of the same. The management has categorically said NO but are not committing the same in writing. The company is registered in Delhi, but is operating from Noida, please let me know which labor office should i approach, Noida or Delhi? Please advise, what should I do?
Regards
Shivani
From United Kingdom
Pl make a complaint to to the Controlling Authority under Gratuity Act having jurisdiction over your previous employer.His decision has a statutory value . Varghese Mathew 09961266966
From India, Thiruvananthapuram
912From India, Thiruvananthapuram
Dear Shivani,
Has your full and final settlement been completed? Have you got salary for the last month? Have you got service cum experience certificate? Have you got "No Due Certificate"? First obtain all these certificates.
Have you worked for 12 continuous years? Was there any break in between? Have you been terminated or was your separation under normal circumstances?
No employer can refuse to pay Payment of Gratuity to the employee. You are eligible under the provisions of Payment of Gratuity Act.
I recommend you going through this act. I have given hyperlink. Go through paragraph 10. Approach the labour office of your area. Talk to him. Show him the correspondence that you have done with your employer. He may tell you to submit "Form N" (copy of this form given in the act).
Have no worry. I you have worked for 12 continuous years, you will get justice. It will take some time. Only the thing you have to take up the cudgels and fight.
The problem in India is there is no website that shows "bad employers". For bad employees people are scurrying to create such websites. Secondly, Mr Vijay Mallya has become benchmark. If he can get away without paying salary to the employees, then other employers think that asking gratuity is asking for icing where others are fighting for cake!
By the way, if you have got all the dues and service certificate, then you may disclose the name of the employer. What is wrong in that? With so many scams exposed in front of press people, from your side if you just tell the name, what is wrong in that?
Ok...
DVD
From India, Bangalore
Has your full and final settlement been completed? Have you got salary for the last month? Have you got service cum experience certificate? Have you got "No Due Certificate"? First obtain all these certificates.
Have you worked for 12 continuous years? Was there any break in between? Have you been terminated or was your separation under normal circumstances?
No employer can refuse to pay Payment of Gratuity to the employee. You are eligible under the provisions of Payment of Gratuity Act.
I recommend you going through this act. I have given hyperlink. Go through paragraph 10. Approach the labour office of your area. Talk to him. Show him the correspondence that you have done with your employer. He may tell you to submit "Form N" (copy of this form given in the act).
Have no worry. I you have worked for 12 continuous years, you will get justice. It will take some time. Only the thing you have to take up the cudgels and fight.
The problem in India is there is no website that shows "bad employers". For bad employees people are scurrying to create such websites. Secondly, Mr Vijay Mallya has become benchmark. If he can get away without paying salary to the employees, then other employers think that asking gratuity is asking for icing where others are fighting for cake!
By the way, if you have got all the dues and service certificate, then you may disclose the name of the employer. What is wrong in that? With so many scams exposed in front of press people, from your side if you just tell the name, what is wrong in that?
Ok...
DVD
From India, Bangalore
Hi,
Just send a Registered Notice to the Employer whereyou have to claim for your gratuity. After waiting for 15 Days you should send another notice to settle your claim for gratuity within 15 Days time. After expiry of this period you have to engage an Advocate who can file case in labour court. Please note that gratuity is payable irrespective of the establishment earning profit or loss. The amount should be calculated as : Basic Salary/26*30/2*No. of years actually worked. More than 6 months will be accounted as a full year.------ Raj.
From India, Bahadurgarh
Just send a Registered Notice to the Employer whereyou have to claim for your gratuity. After waiting for 15 Days you should send another notice to settle your claim for gratuity within 15 Days time. After expiry of this period you have to engage an Advocate who can file case in labour court. Please note that gratuity is payable irrespective of the establishment earning profit or loss. The amount should be calculated as : Basic Salary/26*30/2*No. of years actually worked. More than 6 months will be accounted as a full year.------ Raj.
From India, Bahadurgarh
First send them the demand notice by register ad. with the copy to the Controlling Authority under Gratuity Act in Govt Labor Office in the area where you are working. Also send copy to the Head office-Delhi.
If you have completed 12 years in continuation then they will have to pay Gratuity within 30 days from the last date.No question where they are having practice or not. Its a statutory payment.
You must have the relieving letter .
Don't worry , you will get it with the interest if paid after 30 days.
From India, Pune
If you have completed 12 years in continuation then they will have to pay Gratuity within 30 days from the last date.No question where they are having practice or not. Its a statutory payment.
You must have the relieving letter .
Don't worry , you will get it with the interest if paid after 30 days.
From India, Pune
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