Dear Sir,
I worked in my last company from 01 Nov 2007 to 15 Sep 2012, totaling 4 years, 10 months, and fourteen days. Am I eligible for gratuity? Please help.
Regards,
Amar Srivastava
Mob: 9958400322
Gurgaon, Haryana
From India, Gurgaon
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2I worked in my last company from 01 Nov 2007 to 15 Sep 2012, totaling 4 years, 10 months, and fourteen days. Am I eligible for gratuity? Please help.
Regards,
Amar Srivastava
Mob: 9958400322
Gurgaon, Haryana
From India, Gurgaon
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Dear Amar ji, Surenderji is correct in replying to you. However, you can make a request to your employer. It is up to the employer whether to accept your request or not. If I were your employer, I would not accept. Why should I accept a request from a person who is leaving me? You are requested to go through earlier threads/postings on the same subject, including those from me.
From India, Mumbai
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From India, Mumbai
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Dear Surender Ji, I read the threads & found a judgement of madras highcourt for gratuty as per attachment, which is i think 4 yrs & 240 days, Please confirm if i am correct.
From India, Gurgaon
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From India, Gurgaon
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Yes, I agree with Mr. Keshav Ji.
A wide discussion has already been made on the subject matter. It is still a grey area despite a judgment of HCM. The querist may visit other threads on the same issues made on this Citehr.
Pkjain
From India, Delhi
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A wide discussion has already been made on the subject matter. It is still a grey area despite a judgment of HCM. The querist may visit other threads on the same issues made on this Citehr.
Pkjain
From India, Delhi
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If you have worked 240 days in the last year (including valid leave days), you are entitled to gratuity. You should file a gratuity claim with your employer first. If the employer fails to make the payment of gratuity within 30 days from the separation of service, you may file an application for gratuity before the controlling authority of your area (Labour Commissioner).
From India, Patna
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From India, Patna
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Dear Anand ji,
If you have any case in which the controlling authority has directed the employer to pay Gratuity under similar circumstances, then please share it with The HR Community. You are advised to go through earlier threads and postings on the same subject matter by some of the members and review your view.
From India, Mumbai
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If you have any case in which the controlling authority has directed the employer to pay Gratuity under similar circumstances, then please share it with The HR Community. You are advised to go through earlier threads and postings on the same subject matter by some of the members and review your view.
From India, Mumbai
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Please find the order of the Honble,Court and take legal steps for Gratuity Claim Anand
From India, Patna
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From India, Patna
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Dear Anand ji,
With due respect to you, I say that you have responded without going thru’ the earlier threads and postings in the same subject by some of our colleagues. I am giving a link of one of the threads for your ready reference in which many points are discussed including the case law you have given in your above posting.
https://www.citehr.com/437987-grartuity.html
After reading the above thread and postings in the said link, you can have your own view or inference which may be different than me and other colleagues.
Dear Anand ji, I appreciate your posting. We have to learn (and unlearn also some things) by this way only. All the best.
From India, Mumbai
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With due respect to you, I say that you have responded without going thru’ the earlier threads and postings in the same subject by some of our colleagues. I am giving a link of one of the threads for your ready reference in which many points are discussed including the case law you have given in your above posting.
https://www.citehr.com/437987-grartuity.html
After reading the above thread and postings in the said link, you can have your own view or inference which may be different than me and other colleagues.
Dear Anand ji, I appreciate your posting. We have to learn (and unlearn also some things) by this way only. All the best.
From India, Mumbai
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Dear Anandji,
After completion of 240 days, an employee is not entitled to get Gratuity. Please refer to the Gratuity Act. The act states that an employee is entitled to receive Gratuity if they have completed 5 years of continuous service. In that case, they will receive Gratuity as per the following formula: Basic + DA * 15/26.
I believe this information will help you get the right details.
Devendra
From India, Pune
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After completion of 240 days, an employee is not entitled to get Gratuity. Please refer to the Gratuity Act. The act states that an employee is entitled to receive Gratuity if they have completed 5 years of continuous service. In that case, they will receive Gratuity as per the following formula: Basic + DA * 15/26.
I believe this information will help you get the right details.
Devendra
From India, Pune
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Dear Anand ji, For gratuity claim minimum continuous year of service must be 4 yr & 240 days by an employee. with regards Manoj
From India, Vadodara
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From India, Vadodara
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Dear All,
It is correct that after completion of 4 years and 240 days, an employee can claim the Gratuity as the same is not defined in the Payment of Gratuity Act, but as per the attached decision, it can be claimed.
Thanks,
Ravindra Kumar Dubey
Personnel Officer
Allanasons Limited
9311210795
From India, Phagwara
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It is correct that after completion of 4 years and 240 days, an employee can claim the Gratuity as the same is not defined in the Payment of Gratuity Act, but as per the attached decision, it can be claimed.
Thanks,
Ravindra Kumar Dubey
Personnel Officer
Allanasons Limited
9311210795
From India, Phagwara
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The act specifically mentions that an employee is entitiled to get Gratuity if he has completed 5 years of continious working as per formula herein below:- Basic + DA * 15/26. regards, SK Tyagi
From India, Delhi
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From India, Delhi
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I think the Madras High Court's decision in this regard is also upheld by the Supreme Court.
i.e. 4 years and a minimum of 240 days of physical work in the 5th year - this period is eligible to receive gratuity.
Experts, please confirm.
From India, Pune
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i.e. 4 years and a minimum of 240 days of physical work in the 5th year - this period is eligible to receive gratuity.
Experts, please confirm.
From India, Pune
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The gratuity eligibility as per Gratuity Act 1972 is 5 years of continuous service. Sub section (2) of section 4 is for calculation of gratuity and not for the eligibility of gratuity.
But as per the judgment of the Supreme Court an employee is eligible for gratuity if he has completed 4 years of continuous service and 240 days continuous working in 5th year. On the day when he completes his 240 days in the 5th year he will be eligible for gratuity.
The judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity."
Now almost all organizations are paying gratuity if an employee has completed 4 years of continuous service and 240 days continuous working in 5th year.
From India, Pune
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But as per the judgment of the Supreme Court an employee is eligible for gratuity if he has completed 4 years of continuous service and 240 days continuous working in 5th year. On the day when he completes his 240 days in the 5th year he will be eligible for gratuity.
The judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity."
Now almost all organizations are paying gratuity if an employee has completed 4 years of continuous service and 240 days continuous working in 5th year.
From India, Pune
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Dear Ulhas ji,
You mentioned that, according to the judgment of the Supreme Court, an employee is eligible for gratuity after completing 4 years of continuous service and 240 days of continuous work in the 5th year. When he completes his 240 days in the 5th year, he becomes eligible for gratuity. I would like to inquire, where can I find this judgment?
The Supreme Court judgment in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal, [(1980) (4) S.C.C. 433)], falls under the ID Act and not the Gratuity Act. The definition of continuous service under the ID Act and the Gratuity Act is similar; however, it may not be appropriate, in my opinion, to apply it to gratuity. These two enactments serve different purposes.
While many employers (not all) are now paying gratuity upon completion of 4 years and 240 days in the 5th year, you cannot force any employer to provide gratuity under these circumstances.
From India, Mumbai
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You mentioned that, according to the judgment of the Supreme Court, an employee is eligible for gratuity after completing 4 years of continuous service and 240 days of continuous work in the 5th year. When he completes his 240 days in the 5th year, he becomes eligible for gratuity. I would like to inquire, where can I find this judgment?
The Supreme Court judgment in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal, [(1980) (4) S.C.C. 433)], falls under the ID Act and not the Gratuity Act. The definition of continuous service under the ID Act and the Gratuity Act is similar; however, it may not be appropriate, in my opinion, to apply it to gratuity. These two enactments serve different purposes.
While many employers (not all) are now paying gratuity upon completion of 4 years and 240 days in the 5th year, you cannot force any employer to provide gratuity under these circumstances.
From India, Mumbai
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Dear All,
We are paying the bonus to contractual employees as per the act. However, the unpaid bonus amount, where it should be paid, is to be taken back to our Accounts department. Should it be paid to the Welfare Office in Mumbai instead? If so, do we have a format for this, or could you please let me know the procedure for making the payment?
Devendra.
From India, Pune
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We are paying the bonus to contractual employees as per the act. However, the unpaid bonus amount, where it should be paid, is to be taken back to our Accounts department. Should it be paid to the Welfare Office in Mumbai instead? If so, do we have a format for this, or could you please let me know the procedure for making the payment?
Devendra.
From India, Pune
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Deven ji,
Under section 6A of the Maharashtra Labour Welfare Act, unpaid accumulation means any payments due to the employees but not made to them. Such payment/unpaid accumulation is to be transferred to the MLW Board within a period of 3 years from the date on which they became due. All unpaid accumulations shall be deemed to be abandoned property.
From India, Mumbai
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Under section 6A of the Maharashtra Labour Welfare Act, unpaid accumulation means any payments due to the employees but not made to them. Such payment/unpaid accumulation is to be transferred to the MLW Board within a period of 3 years from the date on which they became due. All unpaid accumulations shall be deemed to be abandoned property.
From India, Mumbai
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Dear sir,
Thank you very much. As per the court decision, 4 years and 240 days are eligible for gratuity. The HR head of my last company discussed this issue extensively and decided to grant me the gratuity. I have finally received the same. Thanks to all.
From India, Gurgaon
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Thank you very much. As per the court decision, 4 years and 240 days are eligible for gratuity. The HR head of my last company discussed this issue extensively and decided to grant me the gratuity. I have finally received the same. Thanks to all.
From India, Gurgaon
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four years continues service means how many days need every year
From United Kingdom, London
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From United Kingdom, London
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can any one have knowledge about - four years continues service means how many days need every year ?
From India, Bengaluru
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From India, Bengaluru
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I am happy it helps to follow rules of GOV taking Sekhar
From India, Hyderabad
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From India, Hyderabad
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