dear deepak, If the employee has not completed 5 years of service, he is not eligible for gratuity. you can also refer to the payment of gratuity Act for the same.
From India, Delhi
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15From India, Delhi
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Dear DEEP,
Gratuity is payable to the employee in your case, as he has completed 4 years and 9 months of service.
For the calculation part of gratuity, there are different rules. If an employee has worked for 240 days in the previous or current year, then that is to be counted as one year (only for calculation purposes, not for eligibility for one year).
Do you know how to derive the amount? If not, please revert to me.
Thanks,
Exserg
From India, New Delhi
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Gratuity is payable to the employee in your case, as he has completed 4 years and 9 months of service.
For the calculation part of gratuity, there are different rules. If an employee has worked for 240 days in the previous or current year, then that is to be counted as one year (only for calculation purposes, not for eligibility for one year).
Do you know how to derive the amount? If not, please revert to me.
Thanks,
Exserg
From India, New Delhi
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Hi,
Joining Date: 13-Dec-2004
Separation Date: 30-Oct-2009
4 years 10 months 17 days
Employees are applicable for GRATUITY as per rules. Check the points below before calculating GRATUITY:
1. Your company policy is applicable for GRATUITY for less than 5 years.
Regards,
Deepak B
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Joining Date: 13-Dec-2004
Separation Date: 30-Oct-2009
4 years 10 months 17 days
Employees are applicable for GRATUITY as per rules. Check the points below before calculating GRATUITY:
1. Your company policy is applicable for GRATUITY for less than 5 years.
Regards,
Deepak B
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I have attached a particular case judgement on Gratuity from Madras high court. It says 4 years and 240 working days is enough to qualify. V Chithranath
From India, Madras
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From India, Madras
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Hi Deepak and all friends,
Before coming to a conclusion on this subject, I advise you all to go through the Madras High Court Judgment passed in WP No. 21350 Of 1987, reported 1998 LLR 1072, wherein it was held that completion of 240 days for the fifth year in continuity is sufficient for the payment of Gratuity.
No doubt, the Act is strict on not less than 5 years... I would also like to say that the above judgment is not a precedent for all. Still, I would like to share views on this.
Sheshu
From India, Hyderabad
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Before coming to a conclusion on this subject, I advise you all to go through the Madras High Court Judgment passed in WP No. 21350 Of 1987, reported 1998 LLR 1072, wherein it was held that completion of 240 days for the fifth year in continuity is sufficient for the payment of Gratuity.
No doubt, the Act is strict on not less than 5 years... I would also like to say that the above judgment is not a precedent for all. Still, I would like to share views on this.
Sheshu
From India, Hyderabad
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Dear Rahul,
I am Anagha Sakpal. With reference to your above requirement, I would like to know more details about the job profile. I am 23 years old with over 1 year of experience in HR. You can contact me at
.
Looking forward to your positive reply.
From India, Thana
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I am Anagha Sakpal. With reference to your above requirement, I would like to know more details about the job profile. I am 23 years old with over 1 year of experience in HR. You can contact me at
Looking forward to your positive reply.
From India, Thana
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One of my friends worked with a Pvt. Ltd. firm for more than 10 years. The management terminated his service because of misconduct and non-performance. When he asked for gratuity, the Managing Director flatly refused, saying "we don't give any gratuity," and took a no-dues certificate from him. Is this the right practice? What actions can be taken against this firm now?
From India, Delhi
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From India, Delhi
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc