Hi,
Please advise.
I have been in regular service for 4 years, 11 months, and 17 days on the payroll of the company. (For example: my date of joining was November 26, 2005, and my last working day would be November 13, 2010). Will I be eligible for the Gratuity?
From India, Delhi
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Please advise.
I have been in regular service for 4 years, 11 months, and 17 days on the payroll of the company. (For example: my date of joining was November 26, 2005, and my last working day would be November 13, 2010). Will I be eligible for the Gratuity?
From India, Delhi
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Dear Member,
Put your claim before the employer if the Payment of Gratuity Act, 1972 is applicable to the establishment where you are working. If denied, then you can fight for the claim utilizing the judgment of the Hon'ble Madras High Court. Strictly according to the Act, one needs five years of continuous service. This is the only ruling which supports such cases, and thereafter, it depends upon the Controlling Authority under this Act how he takes up/considers the matter.
Regards,
R.N.Khola
Hi,
Pls Advice...
I have been in regular service for 4 years 11 months and 17 days on the payroll of the company. (For Example: My Date of Joining was 26 Nov 2005 & my Last working day would be 13 Nov 2010) Will I be eligible for the Gratuity?
From India, Delhi
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422Put your claim before the employer if the Payment of Gratuity Act, 1972 is applicable to the establishment where you are working. If denied, then you can fight for the claim utilizing the judgment of the Hon'ble Madras High Court. Strictly according to the Act, one needs five years of continuous service. This is the only ruling which supports such cases, and thereafter, it depends upon the Controlling Authority under this Act how he takes up/considers the matter.
Regards,
R.N.Khola
Hi,
Pls Advice...
I have been in regular service for 4 years 11 months and 17 days on the payroll of the company. (For Example: My Date of Joining was 26 Nov 2005 & my Last working day would be 13 Nov 2010) Will I be eligible for the Gratuity?
From India, Delhi
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Dear Elamita,
Please note that one should work for not less than 5 years of continuous service to qualify for gratuity. When calculating the length of service for each year, the employee must work for not less than 240 days, which should include holidays and leaves taken, among others. In your case, you did not provide any information regarding the actual number of working days for each year. To be eligible for the bonus, you must work for more than 240 days for 5 years consecutively.
According to your statement, you have worked for 4 years, and in the 5th year, you worked for only 11 months and 17 days. If your number of working days is not less than 240 days each year continuously, then you will be entitled to receive your gratuity.
Regards,
NVRao
Hyderabad
From India, Hyderabad
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Please note that one should work for not less than 5 years of continuous service to qualify for gratuity. When calculating the length of service for each year, the employee must work for not less than 240 days, which should include holidays and leaves taken, among others. In your case, you did not provide any information regarding the actual number of working days for each year. To be eligible for the bonus, you must work for more than 240 days for 5 years consecutively.
According to your statement, you have worked for 4 years, and in the 5th year, you worked for only 11 months and 17 days. If your number of working days is not less than 240 days each year continuously, then you will be entitled to receive your gratuity.
Regards,
NVRao
Hyderabad
From India, Hyderabad
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Just to elaborate:
My Date of Joining (DOJ): 26 Nov 2005
Resignation Date: 30 Sep 2010
I am serving a notice period of 45 days, i.e., till 13 Nov 2010, whereas as per the company agreement, I am supposed to serve a notice period of 90 days. During my notice period, 20 accumulated leaves earned by me will be adjusted, and the rest will be bought out by my new employer. Will this help, as including this, I will complete 5 years of service?
Please advise.
From India, Delhi
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My Date of Joining (DOJ): 26 Nov 2005
Resignation Date: 30 Sep 2010
I am serving a notice period of 45 days, i.e., till 13 Nov 2010, whereas as per the company agreement, I am supposed to serve a notice period of 90 days. During my notice period, 20 accumulated leaves earned by me will be adjusted, and the rest will be bought out by my new employer. Will this help, as including this, I will complete 5 years of service?
Please advise.
From India, Delhi
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I agree with Mr. Khola that if somebody has completed 4 years + 240 days (service period as per the Payment of Gratuity Act), then he/she is eligible to receive Gratuity as per one or two judgments. Unfortunately, no employer accepts the abovesaid conditions unless someone resorts to litigation (which is not recommended for a good and fair employee/professional).
However, I would suggest you apply to your employer through Form No. I (specified in the PG Act) and see what happens.
Regards,
Amit Dhiman
From India, New+Delhi
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However, I would suggest you apply to your employer through Form No. I (specified in the PG Act) and see what happens.
Regards,
Amit Dhiman
From India, New+Delhi
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If you are in continuous services, then don't worry. Let's complete 5 years of continuous services, then as per the act, you will be entitled. If your employer removes you from the job, then you can approach the Commissioner stating that you have been removed from the job due to another reason, but the main reason is that your employer doesn't want to pay gratuity. This makes your claim stronger, and you may be entitled to gratuity.
The Payment of Gratuity Act states that there should be 5 years of continuous service or 6 months thereof. This means that even if there are any fewer months required for the full 5 years, you are still entitled, and it should be calculated based on 5 years.
From India, Pune
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The Payment of Gratuity Act states that there should be 5 years of continuous service or 6 months thereof. This means that even if there are any fewer months required for the full 5 years, you are still entitled, and it should be calculated based on 5 years.
From India, Pune
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If you have completed 240 days of continuous employement in the fifth year, yes you are entitled to payment of Gratuity. Best Wishes, Vasant Nair
From India, Mumbai
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From India, Mumbai
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Hi,
Gratuity is payable to staff members who resign after continuous service of 5 years. In your case, it is 4 years and 11 months. I think you are not eligible for gratuity payment as per the Gratuity Act.
Regards.
From India, Mumbai
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Gratuity is payable to staff members who resign after continuous service of 5 years. In your case, it is 4 years and 11 months. I think you are not eligible for gratuity payment as per the Gratuity Act.
Regards.
From India, Mumbai
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Dear All,
To the best of my knowledge and belief, a period of more than 6 months is to be rounded off to the next full year. According to this ruling, a period in excess of six months, which is 11 months and 17 days, is to be rounded off to the next full year, that is, a full 5 years, making the employee eligible and entitled to payment of gratuity. As suggested earlier by some friends, the concerned employee may apply to her employer for payment of gratuity in the prescribed form and await a reply. Certainly, the response should be positive. If it is negative, then the aggrieved employee may apply to the controlling authority for relief.
To avoid this, the concerned employee should have attempted to complete a 5-year tenure with his/her former employer. The notice of 90 days is the minimum period. The law does not forbid anybody from giving more than a 90-day notice. In this case, the notice period could have been 103 days. The new employer would have also not objected to a delay of 13 days to help the employee comply with the eligibility criteria for gratuity. Others may take a lesson and try to comply with the eligibility criteria for such short durations. The important issue here is whether the notice period can be more than 90 days or not. My assertion is that it can be more than 90 days, not short of 90 days in any case. I wish success to elamita in his/her efforts to get gratuity from her former employer and also note the lesson which could avoid such complications in the future.
From India, Pune
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To the best of my knowledge and belief, a period of more than 6 months is to be rounded off to the next full year. According to this ruling, a period in excess of six months, which is 11 months and 17 days, is to be rounded off to the next full year, that is, a full 5 years, making the employee eligible and entitled to payment of gratuity. As suggested earlier by some friends, the concerned employee may apply to her employer for payment of gratuity in the prescribed form and await a reply. Certainly, the response should be positive. If it is negative, then the aggrieved employee may apply to the controlling authority for relief.
To avoid this, the concerned employee should have attempted to complete a 5-year tenure with his/her former employer. The notice of 90 days is the minimum period. The law does not forbid anybody from giving more than a 90-day notice. In this case, the notice period could have been 103 days. The new employer would have also not objected to a delay of 13 days to help the employee comply with the eligibility criteria for gratuity. Others may take a lesson and try to comply with the eligibility criteria for such short durations. The important issue here is whether the notice period can be more than 90 days or not. My assertion is that it can be more than 90 days, not short of 90 days in any case. I wish success to elamita in his/her efforts to get gratuity from her former employer and also note the lesson which could avoid such complications in the future.
From India, Pune
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