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Non-Payment of Gratuity by company what can I do.
06-Dec-2023 (In Labour & Service Law)
Steps followed so far, after layoff: Number of days worked: 4 years 237 days. I was in IT and the company had 5 working days. 1) Sent employer form "I" claiming gratuity, annexure in Payment of Gratuity Act 1972. Sent email reminders, no response for 2 months. (Registered post, received acknowledgement) 2) Sent form "N" to Assistant Labor Commissioner of designated area, no reply or any change after a month of receiving application.(Registered post, received acknowledgement) What should I do next? Wait for reply from Labor Commissioner? If yes for how long? If no, should i file an RTI to Labour department of the respective region? Or Should I file a case in Labour Court in Karnataka? If yes how to go about it? Do I need to hire a lawyer? Or Should I file a case in Consumer Court? If yes how to go about it and is there a need to hire a lawyer?
No. You are not eligible for gratuity as you served your resignation before completing 5 years. If you had served your resignation after completing the 5 year period then you would have been eligible for gratuity.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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