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Company says I am not eligible for gratuity claim what to do
22-Feb-2023 (In Labour & Service Law)
i was working in ltd company at a senior level and i have put in service of 4 years, 9 months and 15days, now company says i am not eligible for claiming gratuity but i understand through few of my friends that 4.8 years is sufficient and few says 5 years must please clarify, whether my claim is right or wrong?
If you are a software Engineer or employed in other high paced jobs 4 years and 8 months ( 4 years & 240 days to be precise for organizations working 6 days a week
Or
4 years & 190 days in the case of an employee employed below the ground in a mine or in an establish ment which works for less than 6 days in a week. So in your case you have put in service for 4 years and 9 months and 15 days .so you are eligible for the gratuity amount as per the gratuity act.you send a detailed representation to your company addind sections 2(a),(b),& 4 of the gratuity act.if they don't comply with your representation send a lawyer notice. Moreover problem will be solved.
Or
4 years & 190 days in the case of an employee employed below the ground in a mine or in an establish ment which works for less than 6 days in a week. So in your case you have put in service for 4 years and 9 months and 15 days .so you are eligible for the gratuity amount as per the gratuity act.you send a detailed representation to your company addind sections 2(a),(b),& 4 of the gratuity act.if they don't comply with your representation send a lawyer notice. Moreover problem will be solved.
Helpful?
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Adv. K Prema
Chennai | 200+ Answers
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Yes you can approch the tribunel of labour and the remedy of the gratuity there are many possible way to get the gratuity if the tribunel follows the judgements of supreme court of law if not you can approch the high court against the order of the tribunel I sure you can get remedy of gratuity high court will direct the concerned pito calculate the gratuity so for your work days and dispense with the deys you not worked for 5 years. I m sure you can get it. bye
Helpful?
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Adv. A Joseph Jerry
Madurai | 25+ Answers
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