Gratuity understanding

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

27 December 2013 Can Any one please guide us on explaining & claiming the gratuity,

I was working for almost 6 years with a firm for one of its MNC client. I was offered a CTC Salary without mentioning any provision for Gratutiy in It.
Now i had moved to new firm, Since I had completed more than 5 Years I had claim Gratuity. but my firm had denied me stating that we are not liable to pay you over an above CTC. Your gratuity needs to be consider as part of your salary only so No Gratuity will be paid

I need your Help & understanding on the same.

Thanks & Regards

@VaibhavJ

@VaibhavJ (Expert)
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27 December 2013 Hi,

Your company is wrong you are entitle for gratuity.

Pl refer: http://www.lawyersclubindia.com/forum/Gratuity-eligiblity-55961.asp

If you have query do write back.

Thanks//VaibhavJ

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Querist : Anonymous

Querist : Anonymous (Querist)

01 January 2014 Can Still provide some more specific details, how can i claim my Gratuity, My Firm is not ready to accept this.

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@VaibhavJ

@VaibhavJ (Expert)
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01 January 2014 Hi

1st check whether your company is exempted under gratuity act?

if not then:

Make an Application for gratuity.-(1) An employee who is eligible for payment of gratuity under the Act, or any person authorised, in writing, to act on his behalf, shall apply, ordinarily within thirty days from the date the gratuity became payable, in Form 'I' to the employer:

Download Form - I:

https://www.dropbox.com/s/wb7uuh4ejn1c76t/gratuityI.pdf

Provided that where the date of superannuation or retirement of an employee is known, the employee may apply to the employer before thirty days of the date of superannuation or retirement.

Notice for payment of gratuity.-

(1) Within fifteen days of the receipt of an application under rule 7 for payment of gratuity, the employer shall-

(i) if the claim is found admissible on verification, issue a notice in Form 'L’ to the applicant employee, nominee or legal heir, as the case may be, specifying the amount of gratuity payable and fixing a date, not being later than the thirtieth day after the date of receipt of the application, for payment thereof, or

(ii) if the claim for gratuity is not found admissible, issue a notice in Form 'M' to the applicant employee, nominee or legal heir, as the case may be, specifying the reasons why the claim for gratuity is not considered admissible. In either case a copy of the notice shall be endorsed to the controlling authority.

Hence you may turn the situation in your favor and explore the possibility and submit a letter and form to employer in advance with a copy to controlling authority. You must obtain proper acknowledgment under original seal and signature with date affixed.

Thanks//VaibhavJ