I have worked in an ISO & Pvt Ltd. Co.for continuous 12years. I have now resigned & want gratuity payment. I had ESI & PF facility there. At the time of my last day I have asked our HR about gratuity, but she has told our organization do not have registration of it & we have not maintained any record or register for it so we do not pay gratuity. Now my question is that is right reason to deny gratuity? Should I get the payment or should I forget about it?
From India, Pune
From India, Pune
Dear Shilpa ji,
Since the ESI and PF Act is applicable to your company it is obvious that POG Act is applicable to your company. Your total service is of 12 years, your company can not deny you payment of Gratuity. It seems your HR needs to abreast her knowledge.
Please to through the below given link and act accordingly.
https://www.google.com/url?q=https:/...umKFHXD7rqwDqQ
From India, Mumbai
2556Since the ESI and PF Act is applicable to your company it is obvious that POG Act is applicable to your company. Your total service is of 12 years, your company can not deny you payment of Gratuity. It seems your HR needs to abreast her knowledge.
Please to through the below given link and act accordingly.
https://www.google.com/url?q=https:/...umKFHXD7rqwDqQ
From India, Mumbai
Dear Friend
When PF and ESI are being made applicable, all other labor enactments should also be covered for your company in one way or the other. Your HR might have no knowledge about the same. As per the provisions of Payment of Gratuity Act, if any employee works for continuous service of 5 yrs, provided he should work for not less than 240 days in every year, he is entitled for Gratuity at 15 days average pay for every completed year of service.
So in your case, if you work for 12 yrs, you may get 6 months pay as gratuity as per the provisions of gratuity act
Regards
From India, Hyderabad
When PF and ESI are being made applicable, all other labor enactments should also be covered for your company in one way or the other. Your HR might have no knowledge about the same. As per the provisions of Payment of Gratuity Act, if any employee works for continuous service of 5 yrs, provided he should work for not less than 240 days in every year, he is entitled for Gratuity at 15 days average pay for every completed year of service.
So in your case, if you work for 12 yrs, you may get 6 months pay as gratuity as per the provisions of gratuity act
Regards
From India, Hyderabad
Dear Shilpa,
Kindly check there should have been a mention about Gratuity somewhere in your appointment letter, appraisal letter etc. to refer this to your HR and ask them clarification.
Regards,
Vaishalee Parkhi
https://www.linkedin.com/pub/vaishal...khi/62/9ab/6b0
From India, Pune
Kindly check there should have been a mention about Gratuity somewhere in your appointment letter, appraisal letter etc. to refer this to your HR and ask them clarification.
Regards,
Vaishalee Parkhi
https://www.linkedin.com/pub/vaishal...khi/62/9ab/6b0
From India, Pune
Dear Vaishalee ji, Do you mean to say, if there is no mention of Gratuity in the letter of appointment issued to her or letter of appraisal, she won’t be entitled to payment of Gratuity?
From India, Mumbai
From India, Mumbai
It is not like that. It seems the HR is new /not aware OR the company might not have really paid for Gratuity in earlier cases. In such case, such a mention on any of the documents will be of help. In many companies appointment letters, a Gratuity criterion is mentioned as Gratuity will be paid as per Gratuity act only on completion of Five years of service with the company. This can be used as evidence to ask clarification of not paying it.
On another note, I feel employee should also be aware of his entitlements being an employee - may be at the time of joining or in the intermediate period and should ask questions if it is not being fulfilled. This will help keep a check over companies.
Regards,
Vaishalee Parkhi
https://www.linkedin.com/pub/vaishal...khi/62/9ab/6b0
From India, Pune
On another note, I feel employee should also be aware of his entitlements being an employee - may be at the time of joining or in the intermediate period and should ask questions if it is not being fulfilled. This will help keep a check over companies.
Regards,
Vaishalee Parkhi
https://www.linkedin.com/pub/vaishal...khi/62/9ab/6b0
From India, Pune
Dear Vaishaleeji & Keshavji, actually I have emailed to our boss regarding gratuity payment but no reply recd from her till date after sending reminder mails. As per Keshavji I have not sent it by register ad cause our relations were good. Now Vaishaleeji you are right, employee should aware of his entitlments. Of which I have not aware.I have no appointment letter, no appraisal letter offered from my boss to me or any other old employees. So no evidence of issuing gratuity payment. I have been issued only experience letter where no sign of my boss, it is of our HR.In addition some points I have found. First is our actually present days not mentioned on muster at the time of our payment & they have mentioned less. Secondly basic+DA same before increment & after increment & it is less than HRA & other allowances. Now in such conditions what should I do? Please guide or should I leave it? My boss not answer my phone calls & our HR also not telling yes or no. Please reply.
From India, Pune
From India, Pune
Dear Shilpa ji,
This refers to your massages to me and your posts as above.
Gratuity is payable to employee as per the Act viz. POG Act 1972. Even there is no appointment letter is issued to you or if issued but no clause of Gratuity Payment in it, whether you employer has paid the Gratuity to any employee or not, your employer is liable to pay you Gratuity if POG Act 1972 is applicable to him.
I have written in many posts when the POG Act 1972 is applicable to any establishment / company, when the employee is entitled for POG. In the link as given in my earlier post in the same thread of you, I have given the procedure also how to claim the POG.
I was not responding to your massages since I have already given you the necessary stuff. The stuff is there in your hand on one click. You need to read it, understand it and follow it.
From India, Mumbai
This refers to your massages to me and your posts as above.
Gratuity is payable to employee as per the Act viz. POG Act 1972. Even there is no appointment letter is issued to you or if issued but no clause of Gratuity Payment in it, whether you employer has paid the Gratuity to any employee or not, your employer is liable to pay you Gratuity if POG Act 1972 is applicable to him.
I have written in many posts when the POG Act 1972 is applicable to any establishment / company, when the employee is entitled for POG. In the link as given in my earlier post in the same thread of you, I have given the procedure also how to claim the POG.
I was not responding to your massages since I have already given you the necessary stuff. The stuff is there in your hand on one click. You need to read it, understand it and follow it.
From India, Mumbai
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc