I have worked in one Pvt. Ltd. Company from 19th Oct '2007 to 17th July '2012.
Now, please confirm if I am eligible for Gratuity payment or not because I worked for 5 years & 240 days. Special Information: In the same company, one person who worked less than me (approximately 4 years and 8 months) has received gratuity, but they are not providing me with the gratuity amount.
Please confirm how I can claim for Gratuity.
From India, Delhi
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Now, please confirm if I am eligible for Gratuity payment or not because I worked for 5 years & 240 days. Special Information: In the same company, one person who worked less than me (approximately 4 years and 8 months) has received gratuity, but they are not providing me with the gratuity amount.
Please confirm how I can claim for Gratuity.
From India, Delhi
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1.Yes you will get gratuity. 2. if company is not paying you gratuity in this case, go for court.
From India, Mumbai
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5From India, Mumbai
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I have worked in one Pvt. Ltd. Company from 19th Oct '2007 to 17th July '2012. Now, please confirm if I am eligible for Gratuity payment because I worked for 4 years and 9 months or 240 days in the 5th year. Special Information: In the same company, one person who worked less than me (about 4 years and 8 months) has received gratuity, but they are not providing me with the gratuity amount. Please confirm how I can claim for Gratuity.
From India, Delhi
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From India, Delhi
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Dear Mr. Sudhir,
First of all, can you confirm if you have worked continuously for 240 days every year? If there is any interruption within the 5 years of service (for example, if an employee attends 239 days in the 3rd year), then they will not be eligible for Gratuity.
Were you hired as a trainee when you joined the organization? Eligibility to claim Gratuity starts from the probation period. For instance, if an employee joins on January 1, 2007, as a trainee, completes probation on January 1, 2008, and resigns on February 2013, they will be eligible for Gratuity.
I worked at a Pvt. Ltd. Company from October 19, 2007, to July 17, 2012. This totals 4 years, 9 months, and 240 days. An employee must complete 5 years without any interruptions in service (as mentioned in point 2) to avail Gratuity benefits. After completing 5 years, if an employee works an additional 6 months, the organization will provide Gratuity for 6 years.
From India, Hyderabad
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First of all, can you confirm if you have worked continuously for 240 days every year? If there is any interruption within the 5 years of service (for example, if an employee attends 239 days in the 3rd year), then they will not be eligible for Gratuity.
Were you hired as a trainee when you joined the organization? Eligibility to claim Gratuity starts from the probation period. For instance, if an employee joins on January 1, 2007, as a trainee, completes probation on January 1, 2008, and resigns on February 2013, they will be eligible for Gratuity.
I worked at a Pvt. Ltd. Company from October 19, 2007, to July 17, 2012. This totals 4 years, 9 months, and 240 days. An employee must complete 5 years without any interruptions in service (as mentioned in point 2) to avail Gratuity benefits. After completing 5 years, if an employee works an additional 6 months, the organization will provide Gratuity for 6 years.
From India, Hyderabad
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Mr Sourav will get gratuity for 5 yrs & 240 days of service,if it is uninterrupted as defined in the Act. Varghese Mathew 09961266966
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Dear Mr. Rana,
In the first place, I fail to see how, having worked from October 2007 till July 2012, you conclude that you have worked for MORE THAN 5 YEARS. My own calculation shows that your service falls short of 5 years, although it may be more than 4 years and 240 days.
I presume that you worked continuously during this period, for a minimum of 240 days in each year. If the minimum period has not been completed, there is NO WAY you would be eligible for gratuity.
My own understanding of the Gratuity Act is that you need to complete a minimum of 5 years to qualify for gratuity in the first instance. Thereafter, 6 months or more of service will entitle you to an additional year's gratuity.
I am aware of a decision of the Madras High Court according to which an individual would be eligible for gratuity even if he has worked for 4 years and 240 days (in the 5th year), but this judgment would not be binding on employers in other states.
Lastly, the case you have quoted about a colleague being paid gratuity with shorter service may well be a case of "error" before Management got "wiser".
From India, New Delhi
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In the first place, I fail to see how, having worked from October 2007 till July 2012, you conclude that you have worked for MORE THAN 5 YEARS. My own calculation shows that your service falls short of 5 years, although it may be more than 4 years and 240 days.
I presume that you worked continuously during this period, for a minimum of 240 days in each year. If the minimum period has not been completed, there is NO WAY you would be eligible for gratuity.
My own understanding of the Gratuity Act is that you need to complete a minimum of 5 years to qualify for gratuity in the first instance. Thereafter, 6 months or more of service will entitle you to an additional year's gratuity.
I am aware of a decision of the Madras High Court according to which an individual would be eligible for gratuity even if he has worked for 4 years and 240 days (in the 5th year), but this judgment would not be binding on employers in other states.
Lastly, the case you have quoted about a colleague being paid gratuity with shorter service may well be a case of "error" before Management got "wiser".
From India, New Delhi
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Dear Sudhir,
If you have completed a continuous 5 years of employment with the same company without any breaks during your job tenure, you will be eligible to receive your gratuity amount. To initiate this process, please send a letter via registered post or an authorized email address to your company. Following this, kindly send reminders (at least three) and await a response. If your company fails to provide a response, you may consider seeking legal recourse through the court.
Thank you.
From India, Delhi
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If you have completed a continuous 5 years of employment with the same company without any breaks during your job tenure, you will be eligible to receive your gratuity amount. To initiate this process, please send a letter via registered post or an authorized email address to your company. Following this, kindly send reminders (at least three) and await a response. If your company fails to provide a response, you may consider seeking legal recourse through the court.
Thank you.
From India, Delhi
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Dear Mr. Rana,
Mr. Gerry's view is correct. How do you arrive at 5 years and 240 days? If your joining date is earlier than October 2007, do you have any proof of your date of entry? Such as PF deduction, ESI card, or employment card. If you have any proof as mentioned by Global Overseas, send a letter to your company asking for gratuity payment by registered post. Also, send reminders. After that, you can approach the ACL (Assistant Commissioner of Labour) - Gratuity in your area to claim.
Regards,
S. Ganapathy
From India, Coimbatore
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Mr. Gerry's view is correct. How do you arrive at 5 years and 240 days? If your joining date is earlier than October 2007, do you have any proof of your date of entry? Such as PF deduction, ESI card, or employment card. If you have any proof as mentioned by Global Overseas, send a letter to your company asking for gratuity payment by registered post. Also, send reminders. After that, you can approach the ACL (Assistant Commissioner of Labour) - Gratuity in your area to claim.
Regards,
S. Ganapathy
From India, Coimbatore
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If you are covered by the definition of an employee and have also completed the continuous period of service as laid down in the Payment of Gratuity Act, 1974, then you are certainly entitled to claim gratuity. However, you need to lodge your claim by filling the prescribed form with your Personnel Department. If they do not release the payment, then you can lodge a complaint before the concerned Assistant Labour Commissioner and the Controlling Authority. They will take appropriate action in the matter.
From India, Delhi
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From India, Delhi
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Dear Mr. Rana,
If you were on the regular payroll of the company (as a regular employee) effective from 19.10.2007, you are eligible to receive the gratuity amount.
It is established by the court that if, in the fifth year, an employee has completed a minimum of 240 days in the fourth year, they are entitled to receive the gratuity amount calculated based on five complete years.
The MADRAS HIGH COURT, while referencing the clarification by the SUPREME COURT regarding 240 working days in one year being deemed as continuous service of one year, has stated that there should not be a complete 12 calendar months of service. The MADRAS HIGH COURT has further ruled that an employee who has served for 4 years, 10 months, and 18 days within the 5 years will be entitled to gratuity.
Case Ref.: Mettur Beardsell Ltd., Madras v. Regional Lab. Commissioner (Appellate Authority under the Payment of Gratuity Act), Madras, etc., 1998 (3) LLN 414.
I request members to refrain from providing false and vague clarifications to individuals genuinely in need of the right suggestions and direction.
From India, Mumbai
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If you were on the regular payroll of the company (as a regular employee) effective from 19.10.2007, you are eligible to receive the gratuity amount.
It is established by the court that if, in the fifth year, an employee has completed a minimum of 240 days in the fourth year, they are entitled to receive the gratuity amount calculated based on five complete years.
The MADRAS HIGH COURT, while referencing the clarification by the SUPREME COURT regarding 240 working days in one year being deemed as continuous service of one year, has stated that there should not be a complete 12 calendar months of service. The MADRAS HIGH COURT has further ruled that an employee who has served for 4 years, 10 months, and 18 days within the 5 years will be entitled to gratuity.
Case Ref.: Mettur Beardsell Ltd., Madras v. Regional Lab. Commissioner (Appellate Authority under the Payment of Gratuity Act), Madras, etc., 1998 (3) LLN 414.
I request members to refrain from providing false and vague clarifications to individuals genuinely in need of the right suggestions and direction.
From India, Mumbai
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There are several references to 4 years and 240 days being the minimum time required for gratuity eligibility. However, a clause in the gratuity law, while referring to continuous service, states, "one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week."
Now, for software companies that work Monday to Friday, does it mean that it is sufficient to complete 4 years and 190 days to be eligible for gratuity? If not, to what establishments does the 190 days rule apply?
From India, Bangalore
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Now, for software companies that work Monday to Friday, does it mean that it is sufficient to complete 4 years and 190 days to be eligible for gratuity? If not, to what establishments does the 190 days rule apply?
From India, Bangalore
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