My Previous Organization is Not Paying My Gratuity I Have Completed 5 Years 10 Months, saying you are not eligible for Gratuity Due To Termination From The Organisation, Is There Any Labour Law Should Not Pay For Termination Of Employee ?
The Management Is Lying Delaying 2 Last Years. Please Help Me.
Naresh G
From India, Hyderabad
The Management Is Lying Delaying 2 Last Years. Please Help Me.
Naresh G
From India, Hyderabad
Gratuity is payable irrespective of whether you are terminated, superannuated or resign, so long as you have worked for a continuous period of 5 years.
So you are eligible for gratuity.
You may complain to the labour commissioner of the area where you were working.
From India, Mumbai
2358So you are eligible for gratuity.
You may complain to the labour commissioner of the area where you were working.
From India, Mumbai
Gratuity can be withhold by the employer under certain circumstances like; willful omission or negligence causing damage or destruction to the property belonging to the employer. It can also be forfeited for any act which constitutes an offence involving moral turpitude etc.
From India, Vijayawada
From India, Vijayawada
I agree with Mr. Lalit M Sharma, Gratuity can be withheld under circumstances as mentioned above. Please let the forum know the exact reason for your termination so as to give appropriate view
From India, Ahmadabad
From India, Ahmadabad
Has the company declined in writing?
If yes who has signed the declinature and what reason is stated in writing?
If the declinature is verbal did you minute it and mentioned the names?
Did you record the declinature (audio/visual/witnesses)?
The declinature and forfeiture of Gratuity are two different issues.
Gratuity can be forfeited only for reasons duly stated in the Act .....that too after providing the opportunity of natural justice.... Conducting fair inquiry....and thereafter by issuing a speaking order..
Otherwise termination for reasons other than those enshrined in the Act....is no ground for declinature.....
The employer has to supply the notice of determination of Gratuity and payment of gratuity within 30 days even if no application is made by the employee......
There is a provision for penalty,punishment with jail time for "WHOEVER" that contravenes the provisions of the Act....as per Sec:9..
You may post the details....
If employer is wrong it is liable to pay interest @10%pa..
Did you submit FormI?
From India, Chandigarh
If yes who has signed the declinature and what reason is stated in writing?
If the declinature is verbal did you minute it and mentioned the names?
Did you record the declinature (audio/visual/witnesses)?
The declinature and forfeiture of Gratuity are two different issues.
Gratuity can be forfeited only for reasons duly stated in the Act .....that too after providing the opportunity of natural justice.... Conducting fair inquiry....and thereafter by issuing a speaking order..
Otherwise termination for reasons other than those enshrined in the Act....is no ground for declinature.....
The employer has to supply the notice of determination of Gratuity and payment of gratuity within 30 days even if no application is made by the employee......
There is a provision for penalty,punishment with jail time for "WHOEVER" that contravenes the provisions of the Act....as per Sec:9..
You may post the details....
If employer is wrong it is liable to pay interest @10%pa..
Did you submit FormI?
From India, Chandigarh
Dear Seniors,
Thanks you very much for your reply, i was sent a RTI Application to Labour Commissioner they replyed me "No Information you can contact in you juridiction only. Also I have sent a request letter to that firm.
From India, Hyderabad
Thanks you very much for your reply, i was sent a RTI Application to Labour Commissioner they replyed me "No Information you can contact in you juridiction only. Also I have sent a request letter to that firm.
From India, Hyderabad
Only if an employee is terminated for an act involving moral turpitude, employer need not pay gratuity in such case.
From India, Mumbai
From India, Mumbai
Dear Naresh G,
You have not replied to the points raised by me.........if you reply specific inputs can be provided.
You may submit FormI by Redg. Post to MD of the company with a copy to Controlling Authority of Gratuity that might be DLC in o/o Labor Commissioner at location of Redg. Office of the company and a copy to ALC (preferably by hand under proper acknowledgment) in local o/o labor Commissioner..........
It is reiterated that Gratuity can be forfeited only for reasons duly stated in the Act .....that too after providing the opportunity of natural justice.... Conducting fair inquiry....and thereafter by issuing a speaking order..
If you are unable to handle the matter on your own you may approach seasoned employee's /Trade Unions leaders, labor Law Consultant/Service matters lawyer and proceed further under their expert advise......
From India, Chandigarh
You have not replied to the points raised by me.........if you reply specific inputs can be provided.
You may submit FormI by Redg. Post to MD of the company with a copy to Controlling Authority of Gratuity that might be DLC in o/o Labor Commissioner at location of Redg. Office of the company and a copy to ALC (preferably by hand under proper acknowledgment) in local o/o labor Commissioner..........
It is reiterated that Gratuity can be forfeited only for reasons duly stated in the Act .....that too after providing the opportunity of natural justice.... Conducting fair inquiry....and thereafter by issuing a speaking order..
If you are unable to handle the matter on your own you may approach seasoned employee's /Trade Unions leaders, labor Law Consultant/Service matters lawyer and proceed further under their expert advise......
From India, Chandigarh
Dear Ddoaba Sir,
I was terminated only for the reason of taking long leave due disease of jaundice for 15 days. After my resignation they send me that termination email. No more other reason forfeited my gratuity. But the management is harassing mentally delaying.
I was submitted form I on 3rd Jan 2015. passed one month.
Sir I have doubt in form N what is the that rules i am not understanding please explain me the following blanks.
employer refused to entertain it / issued a notice dated …………………….. the under clause ………………... of sub-rule ………………… of rule ……………… offering an amount of gratuity which is less than my due/issued a notice dated ..………………. under clause ………………… of sub-rule ……………. of rule ………………. rejecting my eligibility to payment of gratuity. The duplicate copy of the said notice is enclosed.
Thanks
Naresh G
From India, Hyderabad
I was terminated only for the reason of taking long leave due disease of jaundice for 15 days. After my resignation they send me that termination email. No more other reason forfeited my gratuity. But the management is harassing mentally delaying.
I was submitted form I on 3rd Jan 2015. passed one month.
Sir I have doubt in form N what is the that rules i am not understanding please explain me the following blanks.
employer refused to entertain it / issued a notice dated …………………….. the under clause ………………... of sub-rule ………………… of rule ……………… offering an amount of gratuity which is less than my due/issued a notice dated ..………………. under clause ………………… of sub-rule ……………. of rule ………………. rejecting my eligibility to payment of gratuity. The duplicate copy of the said notice is enclosed.
Thanks
Naresh G
From India, Hyderabad
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Paying-barber-i n-instalments_1 17.jpg
FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc