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Final settlement & gratuity amount not cleared by the company
01-May-2023 (In Labour & Service Law)
Sir my father worked in a company for more than 5 years and resigned on july last year till now final settlement is not cleared by company while in case of gratuity amount they are only considering basic pay not basic + dearness allowance for gratuity calculation and also my father leave after salary appraisal but they are not giving arrears
Hi I have to send a legal notice first, if still they do not clear than u have to file a case in pf esi / labour/ service court to get a all ur dues. It will take minimum 1 year to get the relief if they do not ready for settlement in court. U will get the justice. Indian courts are better than other countries.
Helpful?
Adv. Alok Rattan
Delhi | 100+ Answers
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Gratuity calculation includes basic salary and DA. The company is violating the law. You should proceed with a legal notice and if you have any details of the communication like email or full and final statement where they have written than DA is not to be included then please keep it as it can be used in legal notice and also in labour law court.
Hope this helped
Prakhar
Hope this helped
Prakhar
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Adv. Prakhar Deep
Delhi | 25+ Answers
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You're entitled to receive all your money, including gratuity and arrears. To receive the same, first we will have to send a few emails, then a legal notice, and if nothing will work, then we will file a case.
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Adv. Keshav Datta
Delhi | 25+ Answers
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