Employer rejects to pay gratuity
5 years ago
Hi.. I worked in company for more than 5 years and recently resigned from company and joined new company which is subsidiary to client of my previous company. Also In my offer letter there is no rule saying I should not join client or client's su subsidiary company.
Now my previous employer rejects paying gratuity showing reason that I joined client's subsidiary company and also he threatens to file case.
Need help, can I claim my gratuity and if he files cases is that valid as we don't have any such agreements
Deepak Yashwantrao Bade
Responded 5 years ago
A.You have full right on your gratuity. No one can deny to pay whether they are govt company or pvt company. You can send legal notice through lawyer for issuing gratuity and if they deny to pay file suit against company.
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ROBERT D ROZARIO
Responded 5 years ago
A.1). You're required to send an application to the employer for payment of the desired gratuity.
2). The employer must pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable. If the amount of gratuity payable under the section is not paid by the employer within the period specified, he will have to pay simple interest on it from the date on which the gratuity becomes payable at the rate in coherence with the guidelines laid down by the by the Central Government. Gratuity can be paid in cash, demand draft or bank cheque to the employee via his preferred mode of payment.
3). if the employer does not disburse the gratuity amount within the stipulated period, contact a local lawyer from Vidhikarya.
Note: The employer shall arrange to pay the amount of gratuity within 30 days from the date it becomes active i.e. from the day the person retires or his employment is terminated, to the person to whom the gratuity is awarded.
2). The employer must pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable. If the amount of gratuity payable under the section is not paid by the employer within the period specified, he will have to pay simple interest on it from the date on which the gratuity becomes payable at the rate in coherence with the guidelines laid down by the by the Central Government. Gratuity can be paid in cash, demand draft or bank cheque to the employee via his preferred mode of payment.
3). if the employer does not disburse the gratuity amount within the stipulated period, contact a local lawyer from Vidhikarya.
Note: The employer shall arrange to pay the amount of gratuity within 30 days from the date it becomes active i.e. from the day the person retires or his employment is terminated, to the person to whom the gratuity is awarded.
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Rajeev RJ
Responded 5 years ago
A.You can send a legal notice to the previous company.
Regards
Rajeev
RJ Associates
trivandrum
Regards
Rajeev
RJ Associates
trivandrum
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Nirmal Chopra
Responded 5 years ago
A.Gratuity is your right.no body can deny you of the right to gratuity. Issue a legal notice through a local advocate.
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Ashutosh & Co
Responded 5 years ago
A.Yes you can for graduity if your eligible for as per law and regarding your second question let them file case then only then you can know under what ground they have file case
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