I have worked for 6 years and 6 months in a company. Out of which 2 years were on a contract basis and 4 years and 6 months were on a permanent basis. Now I am leaving the company. Am I eligible for Gratuity payment upon resignation?
From India, Ranchi
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1From India, Ranchi
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Dear Mr. Abhijitmahato,
You are very well applicable for Gratuity. According to the Gratuity Act 1972, you are eligible to get the gratuity after the completion of five years. It is calculated as one year if a person completes six months of service. Therefore, apart from the two years of your tenure, you have completed four years & 240 days, a year is deemed to be complete in terms of continuous service. Your two years of contract will also be added even if you were in a contract but should be in continuous service without a gap.
From India, Visakhapatnam
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You are very well applicable for Gratuity. According to the Gratuity Act 1972, you are eligible to get the gratuity after the completion of five years. It is calculated as one year if a person completes six months of service. Therefore, apart from the two years of your tenure, you have completed four years & 240 days, a year is deemed to be complete in terms of continuous service. Your two years of contract will also be added even if you were in a contract but should be in continuous service without a gap.
From India, Visakhapatnam
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Dear Madam,
Thank you very much for the information. I would like to inquire if 4 years and 6 months of service individually qualifies for Gratuity.
I have 2 years of contract service with a separate employee ID. Will this be combined with the aforementioned duration for gratuity calculation?
Thanks/Regards,
Abhijit Mahato
From India, Ranchi
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Thank you very much for the information. I would like to inquire if 4 years and 6 months of service individually qualifies for Gratuity.
I have 2 years of contract service with a separate employee ID. Will this be combined with the aforementioned duration for gratuity calculation?
Thanks/Regards,
Abhijit Mahato
From India, Ranchi
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Dear Mr. Mahato, Is your 2 years service along with the 4 years 6 months with the same employer? Although, your 4 years 6 months of continuos service would make you eligible for the gratuity.
From India, Visakhapatnam
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From India, Visakhapatnam
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You may fill the Form I - Application for Gratuity by an employee, can be submitted to your employer.
From India, Visakhapatnam
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From India, Visakhapatnam
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Dear Madam,
What does "further 240 days continuous service" mean? If during this period casual leave, medical leave, or earned leave are taken, will the service still be considered continuous?
Please advise.
Thanks/Regards,
Abhijit Mahato
From India, Ranchi
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What does "further 240 days continuous service" mean? If during this period casual leave, medical leave, or earned leave are taken, will the service still be considered continuous?
Please advise.
Thanks/Regards,
Abhijit Mahato
From India, Ranchi
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Dear Mr. Mahato,
The leaves are taken apart. Continuous service is service without a gap (you said a 2-year contract, and the employer might have taken you On Roll with continuous service). If there had been a gap between 2 years and 4 years 6 months, then it wouldn't be considered 6 years 6 months. Preceding 240 days of service in the 5th year is counted as 1 year of service in the company. Have you resigned from the company yet, and what is the notice period for you?
From India, Visakhapatnam
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The leaves are taken apart. Continuous service is service without a gap (you said a 2-year contract, and the employer might have taken you On Roll with continuous service). If there had been a gap between 2 years and 4 years 6 months, then it wouldn't be considered 6 years 6 months. Preceding 240 days of service in the 5th year is counted as 1 year of service in the company. Have you resigned from the company yet, and what is the notice period for you?
From India, Visakhapatnam
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Dear Madam, My joining in permanent service was 27.06.2008 and will released on 28.02.2013. Currently I am in notice period. Please advice. Thanks/Regards, Abhijit Mahato
From India, Ranchi
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From India, Ranchi
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Dear Abhijit,
As per the date specified by you, you would be completing 4 years and 8 months of service. Therefore, you will be eligible to claim Gratuity as per the Payment of Gratuity Act. Please check with your HR for the next steps after submitting Form I for gratuity. I hope this answers your query.
From India, Visakhapatnam
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As per the date specified by you, you would be completing 4 years and 8 months of service. Therefore, you will be eligible to claim Gratuity as per the Payment of Gratuity Act. Please check with your HR for the next steps after submitting Form I for gratuity. I hope this answers your query.
From India, Visakhapatnam
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Dear Madam,
Will my service period be considered as "continuous service of not less than five years"?
If you have any rules or documents regarding this matter, please forward them to me for necessary action.
Thanks/Regards,
Abhijit Mahato
From India, Ranchi
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Will my service period be considered as "continuous service of not less than five years"?
If you have any rules or documents regarding this matter, please forward them to me for necessary action.
Thanks/Regards,
Abhijit Mahato
From India, Ranchi
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An employee can apply before leaving the services, and it is the accountability of the employer to pay gratuity along with the full and final settlement to the employee or within 30 days of his leaving the company. Even though, if you do not apply in particular; the employer should pay you by any means. In case of failure to pay gratuity, the employer will pay you along with the interest at 12% from the date the gratuity becomes due (30 days of the employee leaving the establishment).
Please refer to the Payment of Gratuity Act for further information.
From India, Visakhapatnam
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Please refer to the Payment of Gratuity Act for further information.
From India, Visakhapatnam
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Dear Mr. Mahato,
Please use the following link directed to many attachments related to the Gratuity Act. You can also type your query if required and make use of the "Research" facility at the top for necessary information.
CiteHR Attribution: [Payment of Gratuity Act](https://www.citehr.com/results.php?q=Payment+of+Gratuity+Act+&sub mit=RESEARCH)
From India, Visakhapatnam
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Please use the following link directed to many attachments related to the Gratuity Act. You can also type your query if required and make use of the "Research" facility at the top for necessary information.
CiteHR Attribution: [Payment of Gratuity Act](https://www.citehr.com/results.php?q=Payment+of+Gratuity+Act+&sub mit=RESEARCH)
From India, Visakhapatnam
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The 2 years working as a contract employee will not be counted in gratuity You were not working for the current employee but for a different one
From India, Mumbai
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From India, Mumbai
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Dear Saswata Banerjee, I m working with the same employer. Is it counted for gratuity? Abhijit Mahato
From India, Ranchi
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From India, Ranchi
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Abhijit Mahato,
Your date of joining (DOJ) is 27.06.2008 and you were released on 28.02.2013, which means you worked for 4 years and 8 months. You are very well applicable for Gratuity. According to the Gratuity Act 1972, you are eligible to receive the gratuity after completing five years of service. It is calculated as one year if a person completes six months of service.
BABUDADA
From India, Mumbai
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Your date of joining (DOJ) is 27.06.2008 and you were released on 28.02.2013, which means you worked for 4 years and 8 months. You are very well applicable for Gratuity. According to the Gratuity Act 1972, you are eligible to receive the gratuity after completing five years of service. It is calculated as one year if a person completes six months of service.
BABUDADA
From India, Mumbai
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The Gratuity Act entitles an employee to get their gratuity, but he should not be an apprentice under the Apprentice Act. It is a question of whether the employer is going to consider your initial date of joining and count 6 years and 6 months or 4 years and 6 months and reject your plea. It would be helpful to specify the name, designation of the post, or terms of the contract. I suggest making a request to the employer as the first step, giving a reminder after 15 days as the second step, and then approaching the Controlling Authority under the Payment of Gratuity Act of your region for the amount. Don't forget to specify your date of joining and leaving while claiming.
From India, Pondicherry
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From India, Pondicherry
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Dear Abhijit,
Sub-section (1) of Section 2A of The Payment of Gratuity Act, 1972, talks about the continuous service. It clearly states that an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee. So, the paid leave as mentioned by you is included in the service period.
As rightly said by Sharmila, you are eligible for gratuity for the whole period of service since the term employee is well defined in clause (e) of section 1 of The Payment of Gratuity Act, 1972 which states that the “Employee” means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are express or implied, in any kind of work, manual or otherwise, in or in connection with the work of a factory, mine, oilfield, plantation, port, railway company, shop or other establishment, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity. As per the said clause, every one is eligible for gratuity whether he is a permanent (express) or contract (implied) employee.
Hope the doubt is cleared to an extent as regards to your eligibility of gratuity.
Regards,
P. Vathiraj
From India
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Sub-section (1) of Section 2A of The Payment of Gratuity Act, 1972, talks about the continuous service. It clearly states that an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee. So, the paid leave as mentioned by you is included in the service period.
As rightly said by Sharmila, you are eligible for gratuity for the whole period of service since the term employee is well defined in clause (e) of section 1 of The Payment of Gratuity Act, 1972 which states that the “Employee” means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are express or implied, in any kind of work, manual or otherwise, in or in connection with the work of a factory, mine, oilfield, plantation, port, railway company, shop or other establishment, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity. As per the said clause, every one is eligible for gratuity whether he is a permanent (express) or contract (implied) employee.
Hope the doubt is cleared to an extent as regards to your eligibility of gratuity.
Regards,
P. Vathiraj
From India
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If you were working through a contractor, you were not employed by this employer. Therefore, that period is not considered part of continuous service. Your service with the employer began when you joined their payroll.
If you were an employee working under a contract directly with the company, then you were a consultant, service provider, or a professional. In any of these cases, you were not considered a regular employee, and therefore, that period will not be counted.
From India, Mumbai
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If you were an employee working under a contract directly with the company, then you were a consultant, service provider, or a professional. In any of these cases, you were not considered a regular employee, and therefore, that period will not be counted.
From India, Mumbai
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For the purpose of eligibility for payment of gratuity, what is important is the period for which one remains an employee of an employer before separation, whether as a casual worker, temporary employee, contractual employee (not contract labor), or regular employee against a lien. Minimum continuous service should not be less than 5 years.
To calculate the amount of gratuity, the number of years of continuous service needs to be calculated, including any period less than a year but more than 6 months (which shall be taken as one full year).
From India, Pune
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To calculate the amount of gratuity, the number of years of continuous service needs to be calculated, including any period less than a year but more than 6 months (which shall be taken as one full year).
From India, Pune
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I am yet not get gratuity. Please advise what shall I do. Regards, Abhijit Mahato Mob. : 9836983586
From India, Ranchi
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From India, Ranchi
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Minimum Qualifying service for Gratuity under the Payment of Gratuity Act.docx