NON RECEIPT OF GRATUITY
9 months ago
AFTER 22 YEARS OF SEVICE IN ONE INDUSTRTY (1998-2020), STILL NOW NOT RECEIVED GRATUITY FROM THEM.
A.Dear Client,
The Payment of Gratuity Act, 1972 requires a minimum of five years of continuous service (as defined u/s.2A of the Act) under the same employer to make an employee or worker irrespective of status/nature of employment eligible to receive gratuity from the Employer. In your case, you join the company and in continuous service for more than 5 years. Accordingly, you are eligible for gratuity from the employer for putting in 22 years of service in the Company. Section: 2A of the Act defines Continuous service. An employee shall be said to be in continuous service for a period he shall be deemed to be in continuous service under the employer has, for that period, been in uninterrupted service-if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than two hundred and forty days and, for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than one hundred and twenty days. The Act provides for payment of gratuity at the rate of 15 days wage s for each completed year of service subject to a maximum of Rs. 20 lahks. Under Rule 7(1) of the Payment of Gratuity Rules, 1972, an employee who is eligible for payment of gratuity under the Act, or any person authorized, in writing, to act on his behalf, shall apply, within thirty days from the date the gratuity became payable, in Form 'I' to the employer who is duty bound to disburse the gratuity within 30 days of cessation of employment of employee or claim made by an employee. After the completion of 30 days, the employer has to pay you not only the gratuity amount but also the simple interest incurred on it. In case of delay or denial by the employer, reach out to the office of the concerned Labour Commissioner who is the controlling authority under the Payment of Gratuity Act, 1972, for filing a complaint for non-payment of Gratuity against the employer.
The Payment of Gratuity Act, 1972 requires a minimum of five years of continuous service (as defined u/s.2A of the Act) under the same employer to make an employee or worker irrespective of status/nature of employment eligible to receive gratuity from the Employer. In your case, you join the company and in continuous service for more than 5 years. Accordingly, you are eligible for gratuity from the employer for putting in 22 years of service in the Company. Section: 2A of the Act defines Continuous service. An employee shall be said to be in continuous service for a period he shall be deemed to be in continuous service under the employer has, for that period, been in uninterrupted service-if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than two hundred and forty days and, for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than one hundred and twenty days. The Act provides for payment of gratuity at the rate of 15 days wage s for each completed year of service subject to a maximum of Rs. 20 lahks. Under Rule 7(1) of the Payment of Gratuity Rules, 1972, an employee who is eligible for payment of gratuity under the Act, or any person authorized, in writing, to act on his behalf, shall apply, within thirty days from the date the gratuity became payable, in Form 'I' to the employer who is duty bound to disburse the gratuity within 30 days of cessation of employment of employee or claim made by an employee. After the completion of 30 days, the employer has to pay you not only the gratuity amount but also the simple interest incurred on it. In case of delay or denial by the employer, reach out to the office of the concerned Labour Commissioner who is the controlling authority under the Payment of Gratuity Act, 1972, for filing a complaint for non-payment of Gratuity against the employer.
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A.Dear client,
company policy to understand the terms and conditions regarding gratuity payment. This can help you determine if you meet the eligibility criteria and the amount of gratuity you should receive.
Communicate with the employer: Reach out to your previous employer and inquire about the status of your gratuity payment. Provide them with the necessary details, such as your employment dates and any relevant documentation supporting your claim.
Understand the legal requirements: Research the labor laws and regulations in your country or region related to gratuity payment. Determine the statutory requirements for gratuity eligibility, calculation, and payment timelines. This information can help you assess if your employer is in compliance with the law.
Seek legal advice: If your employer refuses to address your gratuity payment or if you believe they are not fulfilling their legal obligations, it may be beneficial to consult with a labor lawyer. They can assess your case, guide you on the appropriate legal actions to take, and represent your interests if necessary.
File a complaint: If your attempts to resolve the issue directly with your employer are unsuccessful, you may consider filing a complaint with the appropriate labor or employment authority in your country. Provide them with all the relevant details, including your employment history and efforts made to resolve the matter.
Keep records: Maintain copies of all relevant documents, such as employment contracts, payslips, and communication with your employer. These records can serve as evidence if you need to escalate the issue legally.
company policy to understand the terms and conditions regarding gratuity payment. This can help you determine if you meet the eligibility criteria and the amount of gratuity you should receive.
Communicate with the employer: Reach out to your previous employer and inquire about the status of your gratuity payment. Provide them with the necessary details, such as your employment dates and any relevant documentation supporting your claim.
Understand the legal requirements: Research the labor laws and regulations in your country or region related to gratuity payment. Determine the statutory requirements for gratuity eligibility, calculation, and payment timelines. This information can help you assess if your employer is in compliance with the law.
Seek legal advice: If your employer refuses to address your gratuity payment or if you believe they are not fulfilling their legal obligations, it may be beneficial to consult with a labor lawyer. They can assess your case, guide you on the appropriate legal actions to take, and represent your interests if necessary.
File a complaint: If your attempts to resolve the issue directly with your employer are unsuccessful, you may consider filing a complaint with the appropriate labor or employment authority in your country. Provide them with all the relevant details, including your employment history and efforts made to resolve the matter.
Keep records: Maintain copies of all relevant documents, such as employment contracts, payslips, and communication with your employer. These records can serve as evidence if you need to escalate the issue legally.
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