Gratuity

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

23 July 2014 Dear Sir/Madam,

currently, I am getting 35k per month & working as manager operations in my company for 9 year 5 month. they deduct only profession tax from my salary after profession tax they pay me 34800. My company is Media outsourcing company ,means it is in service industry so plz let me know can ask them for paying me gratuity or can I adjust the same against advanced loan taken from company without interest.

plz also let me know the gratuity amount.

Looking forward to you prompt reply.
regards,

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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23 July 2014 You can request them to adjust the gratuity amount in your loan taken.
The gratuity amount is Rs.1,81,730. (35,000*9*15/26)

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Querist : Anonymous

Querist : Anonymous (Querist)

23 July 2014 Dear Sir,
Thanks for your prompt reply. i just want to know that can I show them that gratuity is mandatory for all employees who crossed at least 4yrs in the company so that my company can not make me fool. could you share with me point wise details like section, year, any case study or any example of judiciary's decision which will help me in this regards.

Looking forward to your kind reply.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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24 July 2014 As per Gratuity Act any person serving continuously more than 5 years are eligible for gratuity. You can approach labor commissioner if the company is refusing to pay gratuity. You are not eligible for gratuity if you are removed from service due reasons stated in the Gratuity Act. You can browse the Gratuity Act throw NET.