Dear All,
I am seeking your input regarding a case where an employee has completed 4 years and 300 days in the current organization. According to the rules of the Payment of Gratuity Act, an employee must complete 5 years to be eligible for gratuity. However, the employee is claiming eligibility after completing 4 years and 240 days.
I would appreciate hearing your thoughts on this matter.
Regards,
Vivek
From India, Mumbai
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I am seeking your input regarding a case where an employee has completed 4 years and 300 days in the current organization. According to the rules of the Payment of Gratuity Act, an employee must complete 5 years to be eligible for gratuity. However, the employee is claiming eligibility after completing 4 years and 240 days.
I would appreciate hearing your thoughts on this matter.
Regards,
Vivek
From India, Mumbai
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I am sending you the file of updataions done by Govt in Gratuity for employees...
From India, Delhi
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2From India, Delhi
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Dear sir,
My name is Umesh Divekar. My PF A/C No. is MH/VA/44359/1311. I submitted the PF Withdrawal form on 15th February 2010. However, I have not received the PF amount yet. When I call the PF office in Kandivali, they inform me that my PF is under process and it will take some time. Unfortunately, the telephone number 022 27814315 is always busy, and sometimes, nobody answers the phone.
If you have any solution to this issue, please reply to me. I have already lodged complaints with the Kandivali and Bandra offices, but there has been no response.
Thank you,
Umesh Divekar
9923887797
ud5577@hotmail.com
From India, Ahmadabad
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My name is Umesh Divekar. My PF A/C No. is MH/VA/44359/1311. I submitted the PF Withdrawal form on 15th February 2010. However, I have not received the PF amount yet. When I call the PF office in Kandivali, they inform me that my PF is under process and it will take some time. Unfortunately, the telephone number 022 27814315 is always busy, and sometimes, nobody answers the phone.
If you have any solution to this issue, please reply to me. I have already lodged complaints with the Kandivali and Bandra offices, but there has been no response.
Thank you,
Umesh Divekar
9923887797
ud5577@hotmail.com
From India, Ahmadabad
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Dear SGVivek,
For gratuity claim completion, 240 days of actual work have been accepted by the courts. Hence, even though the employee has completed 4 years and 300 days of actual work, he/she will be eligible to claim the gratuity as a lawful right.
Ravindra Chaubal
From India, Nasik
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For gratuity claim completion, 240 days of actual work have been accepted by the courts. Hence, even though the employee has completed 4 years and 300 days of actual work, he/she will be eligible to claim the gratuity as a lawful right.
Ravindra Chaubal
From India, Nasik
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Hi Ravindra, This is a very valid information. is there any notification to this effect saying 240 days can be considered for claim. pls revert Regds Pradeepan
From India, Raipur
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From India, Raipur
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he is entitle for the Gratuity. SC has given in a judgement that if a person completed 240 days working in the fifth year he is entitle. lalit m sharma
From India, Vijayawada
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From India, Vijayawada
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I agree with Pradeepan. This information is very important since some of our staff will fall under the category of working for less than 5 years. Is there any notification stating that 240 days can be considered for a claim? Please respond with support for this claim. URGENT PLEASE!!
From India, New Delhi
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From India, New Delhi
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There is madras high court judgement on this issue , i hope it will help all of you. Pl find attachment. Thx tarun arora
From India, Chandigarh
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From India, Chandigarh
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Dear Ravi,
Thank you for your valuable suggestion. Do you have a scanned copy of a notification that confirms or any other supporting documents that will assure our management? I will be very thankful to you if you are able to provide it to me.
Thanks,
Warm Regards,
Bhupesh
From India, Mumbai
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Thank you for your valuable suggestion. Do you have a scanned copy of a notification that confirms or any other supporting documents that will assure our management? I will be very thankful to you if you are able to provide it to me.
Thanks,
Warm Regards,
Bhupesh
From India, Mumbai
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Can you send the proof of this Supreme Court judgement? It will be beneficial for all. Then the Gratuity rule of completing minimum 5 years of service (365x5 days) has no meaning.
From India, Mumbai
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From India, Mumbai
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Dear Vikas,
He is eligible as in the Act it is mentioned as "number of years completed or part thereof," which means the number of years completed plus any excess of 6 months will be calculated as 1 year. In the present case, he has completed more than 6 months in addition to 4 years, which is deemed to be 5 years as stipulated in the Act. Hence, he is eligible.
Regards,
Venkataraman
From India, Madras
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He is eligible as in the Act it is mentioned as "number of years completed or part thereof," which means the number of years completed plus any excess of 6 months will be calculated as 1 year. In the present case, he has completed more than 6 months in addition to 4 years, which is deemed to be 5 years as stipulated in the Act. Hence, he is eligible.
Regards,
Venkataraman
From India, Madras
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If the employee had service the 300 days continous in the year, he is eligible for Gratuity.
From India, Tiruchchirappalli
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From India, Tiruchchirappalli
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Hi, Please view the attached doc. Will get the doubt cleared. Jay
From India, Alandur
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From India, Alandur
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Dear Seniors,
The effective date of the Gratuity Amendment Act 2010, notified by the Labour Ministry, has denied lakhs of employees in the private/public/banking sector who retired between 1/1/2006 to 23/5/2010. Meanwhile, central government employees received this benefit as per the Central Pay Commission recommendation.
Please discuss and find ways/legal remedies to challenge the notification to bring it in line with the effective date. A petition to Rajya Sabha/Lok Sabha committee needs to be drafted and circulated by organizations/individual members. The issues to challenge should be discussed among seniors.
From India, Bhopal
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The effective date of the Gratuity Amendment Act 2010, notified by the Labour Ministry, has denied lakhs of employees in the private/public/banking sector who retired between 1/1/2006 to 23/5/2010. Meanwhile, central government employees received this benefit as per the Central Pay Commission recommendation.
Please discuss and find ways/legal remedies to challenge the notification to bring it in line with the effective date. A petition to Rajya Sabha/Lok Sabha committee needs to be drafted and circulated by organizations/individual members. The issues to challenge should be discussed among seniors.
From India, Bhopal
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240 days Gratuity Act-Case Law.doc
Research Paper on 240 days-Qualifying period for gratuity under Payment of Gratuity Act.pdf