I joined company on 1st July 2008 in Gujarat. I left on 10th June 2013. So am i applicable for gratuity. Please guide me.
From India, Durgapur
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From India, Durgapur
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I joined a company on 1st July 2008 as an Assistant Engineer in Gujarat. I was relieved on 10th July 2013. Kindly let me know if I am eligible for gratuity and under which section. Awaiting your valuable guidance.
From India, Durgapur
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From India, Durgapur
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An employee who has rendered continuous service of not less than five years becomes entitled to gratuity on their superannuation, retirement, resignation, death, or disablement. In your case, you joined the organization on 1/7/2008, resigned on 10/6/2013, and were relieved on 10/7/2013.
Gratuity Eligibility According to the Act
According to the act, continuous service means:
Gratuity shall be payable to an employee on the termination of their employment after they have rendered continuous service for not less than five years. An employee shall be said to be in continuous service for a period if they have, for that period, been in uninterrupted service, which may be interrupted on account of sickness, accident, leave, absence from duty without leave, layoff, strike, lock-out, or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act.
Where an employee is not in continuous service for any period of one year or six months, they shall be deemed to be in continuous service under the employer if for the said period of one year they have worked for one hundred and ninety days in the case of an employee employed below the ground in a mine or in an establishment that works for less than six days in a week and two hundred and forty days in any other case; if for the said period of six months, they have actually worked under the employer for not less than ninety-five days in the case of an employee employed below the ground in a mine or in an establishment that works for less than six days in a week and one hundred and twenty days in any other case.
The number of days on which an employee has actually worked under an employer shall include the days on which they have been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946, or under the Industrial Disputes Act, 1947, or under any other law applicable to the establishment; they have been on leave with full wages earned in the previous year; they have been absent due to temporary disablement caused by an accident arising out of and in the course of their employment and, in the case of a female, she has been on maternity leave; however, the total period of such maternity leave does not exceed twelve weeks.
In the case of employees in seasonal establishments, they shall be deemed to be in continuous service for any period of one year or six months if they have actually worked for not less than seventy-five percent of the number of days on which the establishment was in operation during such period.
As per the update, any person who completes 4 years and 240 days of service in the organization is also eligible to receive gratuity benefits against layoff, leave with wages, sick leave, etc.
Additionally, serving the notice period is also considered part of the service and will be included in gratuity calculations.
Regards
From India, Pune
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5Gratuity Eligibility According to the Act
According to the act, continuous service means:
Gratuity shall be payable to an employee on the termination of their employment after they have rendered continuous service for not less than five years. An employee shall be said to be in continuous service for a period if they have, for that period, been in uninterrupted service, which may be interrupted on account of sickness, accident, leave, absence from duty without leave, layoff, strike, lock-out, or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act.
Where an employee is not in continuous service for any period of one year or six months, they shall be deemed to be in continuous service under the employer if for the said period of one year they have worked for one hundred and ninety days in the case of an employee employed below the ground in a mine or in an establishment that works for less than six days in a week and two hundred and forty days in any other case; if for the said period of six months, they have actually worked under the employer for not less than ninety-five days in the case of an employee employed below the ground in a mine or in an establishment that works for less than six days in a week and one hundred and twenty days in any other case.
The number of days on which an employee has actually worked under an employer shall include the days on which they have been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946, or under the Industrial Disputes Act, 1947, or under any other law applicable to the establishment; they have been on leave with full wages earned in the previous year; they have been absent due to temporary disablement caused by an accident arising out of and in the course of their employment and, in the case of a female, she has been on maternity leave; however, the total period of such maternity leave does not exceed twelve weeks.
In the case of employees in seasonal establishments, they shall be deemed to be in continuous service for any period of one year or six months if they have actually worked for not less than seventy-five percent of the number of days on which the establishment was in operation during such period.
As per the update, any person who completes 4 years and 240 days of service in the organization is also eligible to receive gratuity benefits against layoff, leave with wages, sick leave, etc.
Additionally, serving the notice period is also considered part of the service and will be included in gratuity calculations.
Regards
From India, Pune
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Calculation of Gratuity
The amount of gratuity payable to an employee shall not exceed Rs. 10,00,000 (increased from Rs. 3,50,000). It can be formulated as follows: (Basic + DA) of the last drawn salary * 15 * Number of years of service / 26.
From India, Pune
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The amount of gratuity payable to an employee shall not exceed Rs. 10,00,000 (increased from Rs. 3,50,000). It can be formulated as follows: (Basic + DA) of the last drawn salary * 15 * Number of years of service / 26.
From India, Pune
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I was relieved on 10th June 2013. In between, I was on leave for three months due to a fracture. Then I rejoined the office, and after that, I resigned from my job. Sorry for the above mistake. Kindly advise if I am eligible, and how should I proceed, as the company is denying my eligibility. Please advise.
From India, Durgapur
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From India, Durgapur
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The act states that gratuity shall be payable to an employee on the termination of their employment after they have rendered continuous service for not less than five years. An employee shall be considered to be in continuous service for a period if they have, for that period, been in uninterrupted service. This includes service which may be interrupted due to sickness, accident, leave, absence from duty without leave, layoff, strike, lock-out, or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act.
So, you can apply for gratuity.
From India, Pune
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So, you can apply for gratuity.
From India, Pune
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