Legal Question in Employment Law in India

I am an employee in so called reputed company at Kolkata, West Bwngal,India,. I am working there for last 7 years. Presently my company is not running smoothly and since April 2013 we have got full salary of April and 50% of net salary of May13. we didint got the cash allowance , which is part of our CTC , since April 2013. Since I am working for last 7 years without any discontinuation I think I am eligible for Gratuity. I have decided to Quit ,kindly guid me how can I get my dues

Asked on 7/26/13, 12:04 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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26.07.2013

Dear Sir / Madam,

Yes, you are entitled for Gratuity in the present Company. Before you quit the present Company, you will need to ensure that you have a fresh employment in hand, agreeing with the new Company at the time of interview itself that they will either wait for you to join them till you serve your notice period in the present Company, or if they need you immediately, they will give you the notice period salary to be paid by you to the previous Company.

In your letter of resignation, you will calculate and work out and mention your final settlement dues that the present Company owes you including the Gratuity amount - one half month's "salary" (salary means basic plus dearness allowance if the terms of appointment so provide) for each year of completed service. (Reply No. 506-July, 2013).

Regards,

Answered on 7/26/13, 12:22 am

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