I request you all to clarify from which date I will become eligible for gratuity and when can I claim the same if my date of joining with the current organisation is 05.03.2014 ( 5th March 2014).
From India, Pune
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1From India, Pune
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Dear Srinivasa Raghavan,
I'm quite unable to understand your question. When you are still in the services of the same organization, how does the question arise about your gratuity?
First and foremost, your organization should be an establishment covered by the Payment of Gratuity Act, 1972.
Second, there should be termination of your employment due to any reason other than dismissal on account of misconduct of moral turpitude or riotous behavior during the course of employment, and a notice for forfeiture of your gratuity should have been issued by the employer.
Third and most importantly, you ought to have completed not less than 5 years of continuous service in the same establishment on the date of your termination.
By the way, do you intend to resign from your job?
From India, Salem
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I'm quite unable to understand your question. When you are still in the services of the same organization, how does the question arise about your gratuity?
First and foremost, your organization should be an establishment covered by the Payment of Gratuity Act, 1972.
Second, there should be termination of your employment due to any reason other than dismissal on account of misconduct of moral turpitude or riotous behavior during the course of employment, and a notice for forfeiture of your gratuity should have been issued by the employer.
Third and most importantly, you ought to have completed not less than 5 years of continuous service in the same establishment on the date of your termination.
By the way, do you intend to resign from your job?
From India, Salem
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Dear Sir,
Yes, sir, I am planning to resign from my current job. I heard that in 4 years and 6 months, I will become eligible for claiming gratuity and can receive it after 5 years of tenure from the date of joining in case I resign in the 4 years & 7 months. I am not clear about this and would like to clarify it from eminent professionals like you in this field, sir.
Thanks in advance for your valuable reply.
R. Srinivasa Raghavan.
From India, Pune
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Yes, sir, I am planning to resign from my current job. I heard that in 4 years and 6 months, I will become eligible for claiming gratuity and can receive it after 5 years of tenure from the date of joining in case I resign in the 4 years & 7 months. I am not clear about this and would like to clarify it from eminent professionals like you in this field, sir.
Thanks in advance for your valuable reply.
R. Srinivasa Raghavan.
From India, Pune
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You will eligible for gratuity on 05.03.2019, if rendered conteneous service without break in service.
From India, Mumbai
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From India, Mumbai
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Dear Mr. Srinivigna,
You are not eligible for gratuity. As per the Payment of Gratuity Act 1972, an employee is eligible to receive gratuity once he puts in five years of continuous service. Continuous service under the Act means uninterrupted service of 240 days or more in a year. Accordingly, an employee can claim gratuity if he puts in continuous service of at least 240 days or more in a year for five years.
At the same time, it is not necessary that he has to complete five years of service from the date of his joining. The Honorable High Court of Madras, in the case of Mettur Bird Sell Limited (Madras) Vs. Regional Labour Commissioner (Central) Madras and others in Writ Petition No. 2135 of 1987, held that it is sufficient for the purpose of Section 25B (II)(a)(II) that the employee puts in continuous service of not less than 240 days in a year. Accordingly, the Honorable High Court held that the employee is entitled to receive gratuity after putting in continuous service of not less than 240 days in the fifth year. As per that, it is sufficient if the employee is in continuous service of 240 or more days in the fifth year. It is not necessary that the employee has to complete a full five years of service from the date of his joining.
Regards,
D. Phani Kumar
General Manager - HR
Heidelberg Cement India Limited
From Singapore, Singapore
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You are not eligible for gratuity. As per the Payment of Gratuity Act 1972, an employee is eligible to receive gratuity once he puts in five years of continuous service. Continuous service under the Act means uninterrupted service of 240 days or more in a year. Accordingly, an employee can claim gratuity if he puts in continuous service of at least 240 days or more in a year for five years.
At the same time, it is not necessary that he has to complete five years of service from the date of his joining. The Honorable High Court of Madras, in the case of Mettur Bird Sell Limited (Madras) Vs. Regional Labour Commissioner (Central) Madras and others in Writ Petition No. 2135 of 1987, held that it is sufficient for the purpose of Section 25B (II)(a)(II) that the employee puts in continuous service of not less than 240 days in a year. Accordingly, the Honorable High Court held that the employee is entitled to receive gratuity after putting in continuous service of not less than 240 days in the fifth year. As per that, it is sufficient if the employee is in continuous service of 240 or more days in the fifth year. It is not necessary that the employee has to complete a full five years of service from the date of his joining.
Regards,
D. Phani Kumar
General Manager - HR
Heidelberg Cement India Limited
From Singapore, Singapore
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Thanks a lot both Prabhat Ranjan Mohanty and Phani Kumar sirs for your valuable reply and time. Thanks and regards, R. Srinivasa Raghavan.
From India, Pune
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From India, Pune
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Hi,
My joining date is 11.04.14. Which date am I eligible for gratuity? After completing 4 years and 6 months, from October 15th, 2018, to April 15th, 2019, I am going to take maternity leave. Will I be eligible for gratuity after completing my maternity leave, or when do I need to work here to be eligible for this?
Thank you.
From India, Coimbatore
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My joining date is 11.04.14. Which date am I eligible for gratuity? After completing 4 years and 6 months, from October 15th, 2018, to April 15th, 2019, I am going to take maternity leave. Will I be eligible for gratuity after completing my maternity leave, or when do I need to work here to be eligible for this?
Thank you.
From India, Coimbatore
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