Grauity & bonus due
This query is : Resolved
26 October 2013
dear sir, i have work in a private limited company(automobile) from 28.05.06 to 08.12.12, I have resigned on dt 08.12.12,without giving any notice because the increment was not according to my worth, I have not get the bonus for the year- 2012-13 & grauity, now after 9 month myself claimed the due money, their response is you are only aligible for PF, other no dues are pending from co side, please suggest me to get my dues ( bonus & grauity) & also tell me the co. can denied the dues if any one leave the job without notice but given the resignation letter to the company management/admin manager.myself does not want the finish the relationship with the co & the staff. also suggest me to get the due from the company
27 October 2013
@Amanjeet!
You should have sent written resignation stating the reason by compensating the Company by one month (or as agreed) salaries.
Conscious-wise you are not entitled of Bonus and Gratuity in the way you have left the Company and other staff members after a long association of more than six years.
Legally you may be entitled to get gratuity.
Bonus depends upon your Basic Salaries and is governed by various factors. Seems you are not eligible and if eligible would be Rs. 3500. Your employer might have paid you, during your stay, above the prescribed limits on goodwill gesture. Now this goodwill gesture cannot be converted into a legal right.
You should have sent written resignation stating the reason by compensating the Company by one month (or as agreed) salaries.
Conscious-wise you are not entitled of Bonus and Gratuity in the way you have left the Company and other staff members after a long association of more than six years.
Legally you may be entitled to get gratuity.
Bonus depends upon your Basic Salaries and is governed by various factors. Seems you are not eligible and if eligible would be Rs. 3500. Your employer might have paid you, during your stay, above the prescribed limits on goodwill gesture. Now this goodwill gesture cannot be converted into a legal right.
27 October 2013
@Amanjeet!
You should have sent written resignation stating the reason by compensating the Company by one month (or as agreed) salaries.
Conscious-wise you are not entitled of Bonus and Gratuity in the way you have left the Company and other staff members after a long association of more than six years.
Legally you may be entitled to get gratuity.
Bonus depends upon your Basic Salaries and is governed by various factors. Seems you are not eligible and if eligible would be Rs. 3500. Your employer might have paid you, during your stay, above the prescribed limits on goodwill gesture. Now this goodwill gesture cannot be converted into a legal right.
You should have sent written resignation stating the reason by compensating the Company by one month (or as agreed) salaries.
Conscious-wise you are not entitled of Bonus and Gratuity in the way you have left the Company and other staff members after a long association of more than six years.
Legally you may be entitled to get gratuity.
Bonus depends upon your Basic Salaries and is governed by various factors. Seems you are not eligible and if eligible would be Rs. 3500. Your employer might have paid you, during your stay, above the prescribed limits on goodwill gesture. Now this goodwill gesture cannot be converted into a legal right.
26 July 2024
### Claiming Gratuity and Bonus After Leaving Employment
#### **1. Understanding Your Entitlements**
**Gratuity**: Under the Payment of Gratuity Act, 1972, an employee is entitled to receive gratuity if they have completed five years of continuous service. In your case:
- **Service Duration**: From 28.05.2006 to 08.12.2012.
- You worked for approximately 6 years and 6 months, so you are eligible for gratuity.
**Bonus**: The Payment of Bonus Act, 1965, entitles employees to receive a bonus if they have worked for more than 30 days in a year. For the financial year 2012-13, you are eligible for the bonus if you worked in that year.
#### **2. Legal Stand on Claims**
**Gratuity**: Your employer cannot deny gratuity if you have completed the required service period. If the employer does not pay, you can claim it by:
- Sending a formal request for the payment of gratuity.
- Filing a complaint with the Labor Commissioner or the appropriate authority under the Payment of Gratuity Act.
**Bonus**: If the bonus was due for the year you worked, you are entitled to it even if you left before the end of the financial year. The company is required to pay it as per the company’s policy and statutory requirements.
#### **3. Addressing the Employer’s Response**
**Company’s Denial**: If the company claims that no dues are pending, and you're sure you are entitled to gratuity and bonus, take these steps:
1. **Written Request**: Draft a formal letter to the company requesting the payment of your gratuity and bonus. Mention your employment period, the dues you claim, and any relevant details.
2. **Document Evidence**: Gather any evidence that supports your claim, such as your appointment letter, salary slips, or communication regarding your resignation.
3. **Seek Mediation**: If the company refuses to pay, you can approach the Labor Commissioner or the relevant statutory authority to mediate and ensure your dues are settled.
4. **Legal Action**: As a last resort, you may consider taking legal action against the company for non-payment of statutory dues. Consult a labor lawyer for advice on filing a suit for recovery of dues.
#### **4. Key Considerations**
- **Notice Period**: While leaving without notice may impact your relationship with the company, it does not negate your legal entitlements unless specific contractual terms state otherwise.
- **Documentation**: Ensure you keep copies of all communications and documents related to your employment and resignation.
- **Employer’s Obligation**: Under labor laws, employers have statutory obligations to pay gratuity and bonus as per the applicable laws.
#### **Sample Letter for Claiming Dues**
**To:** [Company’s HR or Admin Department]
**Subject:** Claim for Pending Gratuity and Bonus Payment
Dear [HR Manager/Admin Manager],
I am writing to formally request the payment of my gratuity and bonus dues as per my resignation on 08.12.2012.
**Details:**
- **Name**: [Your Name]
- **Employee ID**: [Your Employee ID]
- **Employment Period**: 28.05.2006 to 08.12.2012
- **Gratuity Amount**: [Amount as per calculation]
- **Bonus Amount for FY 2012-13**: [Amount as per calculation]
As per the Payment of Gratuity Act, 1972, and the Payment of Bonus Act, 1965, I am entitled to receive these payments. I request you to process these dues at the earliest.
Please provide a response or payment within [mention a reasonable time frame, e.g., 15 days].
Thank you for your attention to this matter.
Sincerely,
[Your Name]
[Your Contact Information]
#### **Final Notes**
Ensure you follow up diligently and keep records of all communications. Seeking legal advice may be beneficial if the issue is not resolved promptly.
If you need further assistance, consulting with a labor lawyer or a legal expert specializing in employment matters would be advisable.
#### **1. Understanding Your Entitlements**
**Gratuity**: Under the Payment of Gratuity Act, 1972, an employee is entitled to receive gratuity if they have completed five years of continuous service. In your case:
- **Service Duration**: From 28.05.2006 to 08.12.2012.
- You worked for approximately 6 years and 6 months, so you are eligible for gratuity.
**Bonus**: The Payment of Bonus Act, 1965, entitles employees to receive a bonus if they have worked for more than 30 days in a year. For the financial year 2012-13, you are eligible for the bonus if you worked in that year.
#### **2. Legal Stand on Claims**
**Gratuity**: Your employer cannot deny gratuity if you have completed the required service period. If the employer does not pay, you can claim it by:
- Sending a formal request for the payment of gratuity.
- Filing a complaint with the Labor Commissioner or the appropriate authority under the Payment of Gratuity Act.
**Bonus**: If the bonus was due for the year you worked, you are entitled to it even if you left before the end of the financial year. The company is required to pay it as per the company’s policy and statutory requirements.
#### **3. Addressing the Employer’s Response**
**Company’s Denial**: If the company claims that no dues are pending, and you're sure you are entitled to gratuity and bonus, take these steps:
1. **Written Request**: Draft a formal letter to the company requesting the payment of your gratuity and bonus. Mention your employment period, the dues you claim, and any relevant details.
2. **Document Evidence**: Gather any evidence that supports your claim, such as your appointment letter, salary slips, or communication regarding your resignation.
3. **Seek Mediation**: If the company refuses to pay, you can approach the Labor Commissioner or the relevant statutory authority to mediate and ensure your dues are settled.
4. **Legal Action**: As a last resort, you may consider taking legal action against the company for non-payment of statutory dues. Consult a labor lawyer for advice on filing a suit for recovery of dues.
#### **4. Key Considerations**
- **Notice Period**: While leaving without notice may impact your relationship with the company, it does not negate your legal entitlements unless specific contractual terms state otherwise.
- **Documentation**: Ensure you keep copies of all communications and documents related to your employment and resignation.
- **Employer’s Obligation**: Under labor laws, employers have statutory obligations to pay gratuity and bonus as per the applicable laws.
#### **Sample Letter for Claiming Dues**
**To:** [Company’s HR or Admin Department]
**Subject:** Claim for Pending Gratuity and Bonus Payment
Dear [HR Manager/Admin Manager],
I am writing to formally request the payment of my gratuity and bonus dues as per my resignation on 08.12.2012.
**Details:**
- **Name**: [Your Name]
- **Employee ID**: [Your Employee ID]
- **Employment Period**: 28.05.2006 to 08.12.2012
- **Gratuity Amount**: [Amount as per calculation]
- **Bonus Amount for FY 2012-13**: [Amount as per calculation]
As per the Payment of Gratuity Act, 1972, and the Payment of Bonus Act, 1965, I am entitled to receive these payments. I request you to process these dues at the earliest.
Please provide a response or payment within [mention a reasonable time frame, e.g., 15 days].
Thank you for your attention to this matter.
Sincerely,
[Your Name]
[Your Contact Information]
#### **Final Notes**
Ensure you follow up diligently and keep records of all communications. Seeking legal advice may be beneficial if the issue is not resolved promptly.
If you need further assistance, consulting with a labor lawyer or a legal expert specializing in employment matters would be advisable.
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