Hi,
I have been working in a private organization for 5 years. However, during that period, I was on Leave Without Pay (LOP) for 11 months. Am I eligible for gratuity? If yes, will I receive the full amount or only for the period I worked?
Regards,
Nysha
From India, Kochi
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I have been working in a private organization for 5 years. However, during that period, I was on Leave Without Pay (LOP) for 11 months. Am I eligible for gratuity? If yes, will I receive the full amount or only for the period I worked?
Regards,
Nysha
From India, Kochi
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Hi Nysha, Please specify the reason for LOP. Based on that,I can answer your queries. Regards Amitava
From India, Calcutta
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5From India, Calcutta
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I was in IT company.The leave without allowance was granted by the company for personal reasons as to accompany my husband gone onsite working for the same organisation.
From India, Kochi
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From India, Kochi
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Dear Nysha, You are entitled to get the gratuity amount as per court judgement when you completed 4 years and 10 months service. The judgement copy is enclosed herewith for your ready reference.
From India, Mumbai
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From India, Mumbai
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Hi, As per Gratuity Act 1972, if a person has completed 4 yrs & 240 days in a Company he is eligible for gratuity. Warm Regards, Pooja Gulati
From India, Faridabad
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From India, Faridabad
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For each year of reckonable service, for the purposes of gratuity, one has to put in continuous service of 240 days each year. Leave Without Pay, being sanctioned leave, is included in the 240 days. Therefore, if you qualify the 5-year clause including your LWP, yes, you are entitled to payment of gratuity.
Best Wishes, Vasant Nair Director Karma-HR 9717726667
From India, Mumbai
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Best Wishes, Vasant Nair Director Karma-HR 9717726667
From India, Mumbai
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I concur with VasantNair. LOP shoud have been sanctioned to be included continous service. However, have look into the rules regulations of company governing these issue.
From India, Tiruchchirappalli
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From India, Tiruchchirappalli
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Hi all,
I want to start my own manpower outsourcing and staffing company in Guwahati. I need to know about all the documents needed to start off the same. If anybody has an idea about the documentation aspect of this manpower outsourcing business, kindly email me the details at: diganta.sarma@thotsnskills.org
Warm regards,
Diganta Sarma
ThotS n SkillS
Guwahati-6
From India, Delhi
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I want to start my own manpower outsourcing and staffing company in Guwahati. I need to know about all the documents needed to start off the same. If anybody has an idea about the documentation aspect of this manpower outsourcing business, kindly email me the details at: diganta.sarma@thotsnskills.org
Warm regards,
Diganta Sarma
ThotS n SkillS
Guwahati-6
From India, Delhi
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As per my HR Dept,
I have opted for LOP leave, and hence the leave can be considered as a break in service. For example, if a person joins the company and takes leave for 5 years to go abroad or pursue higher studies, even with the company's permission, then gratuity is not applicable to that person. They are saying that this break in service is disputable, and decisions are made on a case-by-case basis only.
Any feedback on this?
Regards, Nysha
From India, Kochi
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I have opted for LOP leave, and hence the leave can be considered as a break in service. For example, if a person joins the company and takes leave for 5 years to go abroad or pursue higher studies, even with the company's permission, then gratuity is not applicable to that person. They are saying that this break in service is disputable, and decisions are made on a case-by-case basis only.
Any feedback on this?
Regards, Nysha
From India, Kochi
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Hi,
Recently, I resigned from a PSU after 5 years of service. However, according to my HR department, I am not eligible for gratuity because these five years include 1.5 years as a Graduate Engineering Trainee. Could you please clarify if this is correct according to the Gratuity Act? I have limited knowledge of these policies and acts.
I am about to join a company abroad, so there will be no joining in any other PSU. I highly appreciate your feedback on this matter.
Regards,
Rakesh G.
From India
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Recently, I resigned from a PSU after 5 years of service. However, according to my HR department, I am not eligible for gratuity because these five years include 1.5 years as a Graduate Engineering Trainee. Could you please clarify if this is correct according to the Gratuity Act? I have limited knowledge of these policies and acts.
I am about to join a company abroad, so there will be no joining in any other PSU. I highly appreciate your feedback on this matter.
Regards,
Rakesh G.
From India
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Hi Nysha,
I agree with the comments of Pooja that one must have to perform 240 days of attendance each year to become eligible for Gratuity after 5 years. The leave availed, whether with or without pay, will not be included in the 240 days of attendance for the eligibility of Gratuity payment. Even after completion of 5 years, if one has not put in 240 days of attendance, he/she will not be entitled to gratuity for that particular year.
Regards,
SC BHATIA
From India, Delhi
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I agree with the comments of Pooja that one must have to perform 240 days of attendance each year to become eligible for Gratuity after 5 years. The leave availed, whether with or without pay, will not be included in the 240 days of attendance for the eligibility of Gratuity payment. Even after completion of 5 years, if one has not put in 240 days of attendance, he/she will not be entitled to gratuity for that particular year.
Regards,
SC BHATIA
From India, Delhi
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Gratuity Act-Teachers-Ma dhya Pradesh.docx
Payment of Gratuity Act, 1972 & The Rules.ppt