Dear Deepak, i have also recently joined the HR field, but as per my knowledge the person who has completed 5 yrs of services is eligible for gratuity. Regards, Vikas
From India, Pune
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Not required as he has not completed his 5 years of services. As a HR person, you can suggest him to complete another few days service and take the eligibility for benefit. Regards, Vikram
From India, Hyderabad
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As per the Gratuity Act, an employee becomes eligible for gratuity if they complete 5 years of continuous employment or part thereof in excess of six months. This employee is eligible for gratuity. Kindly include the same in the F&F.
From India,
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Dear Deepak,

As per the act, if a person has worked for 240 days, including holidays, then it will be assumed as a complete year. In your case, the person has worked around four years and 10 months, which is sufficient to be calculated as five years. There is a rule that gratuity is payable after 5 years, but there are situations and conditions besides this. For simple understanding, in normal cases, if a person has worked for 8 years and 9 months, then we are paying gratuity equivalent to 9 years. So, why not in this case? Please pay him.

Regards,
Amit

From India, Pilani
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Hi Deepak,

I want to tell you that GRATUITY is only applicable when an employee has completed 5 years. If he/she has not completed 5 years of his service, then he is not applicable for gratuity. After 5 years, if he/she has completed another 6 months, then that would count as the 6th year of their service. If he/she has not completed the additional 6 months, then he/she would be counted as only having 5 years of service. I am sending you an attachment with this mail.

I hope this can help you.

Regards,
Suman Parashar

From India, Gurgaon
Attached Files (Download Requires Membership)
File Type: doc FURMULA FOR CALCULATING GRATUITY.doc (65.5 KB, 244 views)

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Yes, every company has its way of calculating gratuity. For example, in my company, we pay gratuity according to a monthly percentage of the employee's stay in the company.

- For service less than 24 months: nil
- For service of 25 months to 36 months: 25% of gross salary
- For service of 37 to 48 months: 50% of gross salary
- For service of 49 months and over: 100% of gross salary

Regards,
Khalid Ghafoor
DM-HR
Lucky Cement Ltd
Karachi, Pakistan

From Pakistan
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Dear friend,

Gratuity is applicable, although he has not completed continuous service of 5 years. If an employee completes 4 years + 240 days of continuous service, gratuity is to be paid, considering it as completion of 5 years of service.

Bai,
P. Sathish Kumar


From India, Jaipur
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Dear All,

Please suggest regarding the Gratuity.

I joined an organization on 08.05.2000, and my name was added to the payroll after 6 months. I resigned from that organization in February 2006. When I asked for Gratuity, the HR Manager replied that there was no provision made for that period, so they were unable to provide it.

I then asked for my service certificate from the HR AGM, and he provided a Gratuity certificate for the period from 5th May 2000 to February 2006, with a note on good conduct.

With that service certificate, I sent a notice through MY ADVOCATE. However, the same AGM replied that I had not worked for more than 4 years and that my claims were settled.

How can the same person make contradictory statements?

At the time of my resignation, my salary was 5500/- per month.

The ADVOCATE suggested that since my claim amount was below 10000/-, I should consider deciding what action to take on my own, or write a letter to the Labor Commissioner regarding these issues.

If I ask for interest and a bonus on that amount, how much will I receive?

How should I proceed in fighting with the previous employer, considering the advocate costs approximately 3000/-? The employer is also an MLA.

Please suggest.

Ravindra Kumar Choudhary

9032234203

From India, Hyderabad
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Gratuity is payable to employee... If you make delayed payment you have to pay the interest on the eligible gratuity at the rate priviling at that time.
From India, Tiruchchirappalli
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Regarding Gratuity I had come across a judgement wherein it said if a person completes 4 years and 240 days of working, he is eligible for Gratuity. V Chithranath

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