Regarding Gratuity
6 months ago
I was working as an part time accountant in a Girls Hostel for 17 years I am eligible for Gratuity. As my employer WhatsApp nd said you are not eligible so I have send them legal notice but still they didn't reply nor call me now that should I do pls suggest
A.Dear Client,
In India, the Payment of Gratuity Act, 1972, provides for the payment of gratuity to employees who have completed at least five years of continuous service with an employer. Since you mentioned you worked as a part-time accountant in a Girls Hostel for 17 years, you may be eligible for gratuity under this Act. Gather all relevant documents, such as employment records, salary slips, and any communication you had with your employer regarding gratuity. This evidence will be important if you decide to pursue legal action. If your employer continues to refuse your gratuity claim, you may need to file a complaint with the Controlling Authority under the Payment of Gratuity Act. Your lawyer can guide you through the process, and the Authority will conduct an inquiry.
In India, the Payment of Gratuity Act, 1972, provides for the payment of gratuity to employees who have completed at least five years of continuous service with an employer. Since you mentioned you worked as a part-time accountant in a Girls Hostel for 17 years, you may be eligible for gratuity under this Act. Gather all relevant documents, such as employment records, salary slips, and any communication you had with your employer regarding gratuity. This evidence will be important if you decide to pursue legal action. If your employer continues to refuse your gratuity claim, you may need to file a complaint with the Controlling Authority under the Payment of Gratuity Act. Your lawyer can guide you through the process, and the Authority will conduct an inquiry.
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A.Dear Sir,
4years 240 days is enough for claiming gratuity.
"As per Madras High Court judgement in a case of Mettur Beardsell Limited [represented by its Personal Manager], Madras v/s Regional Labour Commissioner [Central Authority under the Payment of Gratuity Act, 1972], Madras, it has been stated that if an employee has rendered continuous service of 240 days in the fifth year of service then for the purpose of calculation of gratuity, it must be considered as if he has completed FIVE years of continuous service."
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A.Dear Client,
Gratuity is an amount of money delivered by an employer to an employee for their duties/services contributed to the company. However, it applies to employees who complete five or more years of uninterrupted service with the same company. All types of employees casual, ad hoc, or part-time employees who rendered uninterrupted service for five or more than 5 years of service are eligible for gratuity under the Payment of Gratuity Act, 1972. Gratuity is also applicable to people doing services like part-time employees, servants, drivers, teachers, and many more sectors. The formula for the calculation of the gratuity amount = (15 * Last drawn salary amount * period of service) / 30. It is given on the basic salary and it includes commission and allowance last drawn by the employee. The Delhi High Court in Janardan Sharma vs GNCT of Delhi Through its Chief Secretary & Ors. [WP(C) no. 11154 of 2019] pronounced that the Payment of Gratuity Act, 1972 “does not distinguish between full-time employee / a part-time employee/ad hoc employee etc.” and directed the respondents to pay gratuity to the petitioner, a retired part-time vocational teacher. hence part-time employees are eligible for gratuity. 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 accrued for the delay in payment of the gratuity. In case of any dispute, 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 or anomaly in computation of Gratuity against the employer.
Gratuity is an amount of money delivered by an employer to an employee for their duties/services contributed to the company. However, it applies to employees who complete five or more years of uninterrupted service with the same company. All types of employees casual, ad hoc, or part-time employees who rendered uninterrupted service for five or more than 5 years of service are eligible for gratuity under the Payment of Gratuity Act, 1972. Gratuity is also applicable to people doing services like part-time employees, servants, drivers, teachers, and many more sectors. The formula for the calculation of the gratuity amount = (15 * Last drawn salary amount * period of service) / 30. It is given on the basic salary and it includes commission and allowance last drawn by the employee. The Delhi High Court in Janardan Sharma vs GNCT of Delhi Through its Chief Secretary & Ors. [WP(C) no. 11154 of 2019] pronounced that the Payment of Gratuity Act, 1972 “does not distinguish between full-time employee / a part-time employee/ad hoc employee etc.” and directed the respondents to pay gratuity to the petitioner, a retired part-time vocational teacher. hence part-time employees are eligible for gratuity. 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 accrued for the delay in payment of the gratuity. In case of any dispute, 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 or anomaly in computation of Gratuity against the employer.
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