Need advice regarding gratuity. I joined on October 2004 and worked till may 2014. I was hospitalised and was on medical leave from June 2010 till December 2010. My company paying me gratuity for period 2004 to 2010 after deducting my probation period of 6 months. Can someone advice whether they are correct in calculation or wrong.
From United Arab Emirates, Abu Dhabi
From United Arab Emirates, Abu Dhabi
If you were continuously in the service of organization till 2014 even if you were admitted to hospital, they should pay you the gratuity till 2014.
But if you resigned/terminated the services even for a single day, they have the authority to pay you the gratuity till your continuous services.
At most they can deduct the gratuity for the period you were on leave.
From India, Gurgaon
37But if you resigned/terminated the services even for a single day, they have the authority to pay you the gratuity till your continuous services.
At most they can deduct the gratuity for the period you were on leave.
From India, Gurgaon
I agree with Shweta.. You are eligible to receive the gratuity amount for the entire period you were working with the company
From India, Mumbai
From India, Mumbai
The Gratuity Act 1971 is applicable only for Establishments in Indian. If you are employed in UAE as your profile says , please check with the respective labor laws Authority of the respective country.
However if you are employed in India.
As per the law in your case and If You had a HR professional & Human(You should be entitled to be paid till 2014 ) but ,what even i have observed in many companies ,How are the Laws manipulated and thus I always raise my voice for a change to revise these Laws.Brutally speaking I say these are "Unfair Practices of HR". Anyways my friend coming to your case.
As per law the eligibility for continuous year of service for qualifying for Gratuity is 5 years ,
Describing it more for you. There are few requirements on the part of employee for claiming of gratuity:
Most important -------- He should have worked for not less than five years for the employer.
The Gratuity is Calculated as follows : ( Basic + DA ) /26 X 15 X No of Continuous Years Worked.
A Continuous Year is number of days of your service for a year of work and as per law
1 continuous year is 190 days of work if working below ground (like Mines etc) and 240 days if working above ground and it includes strikes , lock outs, any short temporary closure due glitches etc.
So what your HR did is He took 2004 to 2009 as a period of gratuity and as you meet all criteria for that period , your gratuity is clear.
Now,
Due to your 1 year break though medical , they (your HRs & company) took your 2nd term as 2010-2014 ineligible for 5 year and this is as per law but I say strategically and legally it can be challenged on any fair platform for justice.
1.)You need to prove what kind of medical leave was that you took , it was continuous or intermittent ,or were you on LOP etc.(Your association with the organization was not cut).
2.)You didn't resigned and rejoined as a new employee
3.) You worked for {2004 to 09} and {2011 to 201}4----January/March 2009 to November 2009 (For year 2009-10) and January 2011 to March 2011(for year 2010-11)/ Continuous till 2014.
Request the HR & company to at least re-consider their decision if not.
Take some professional help , to get a solution.
Try Hard.
From Singapore, Singapore
However if you are employed in India.
As per the law in your case and If You had a HR professional & Human(You should be entitled to be paid till 2014 ) but ,what even i have observed in many companies ,How are the Laws manipulated and thus I always raise my voice for a change to revise these Laws.Brutally speaking I say these are "Unfair Practices of HR". Anyways my friend coming to your case.
As per law the eligibility for continuous year of service for qualifying for Gratuity is 5 years ,
Describing it more for you. There are few requirements on the part of employee for claiming of gratuity:
Most important -------- He should have worked for not less than five years for the employer.
The Gratuity is Calculated as follows : ( Basic + DA ) /26 X 15 X No of Continuous Years Worked.
A Continuous Year is number of days of your service for a year of work and as per law
1 continuous year is 190 days of work if working below ground (like Mines etc) and 240 days if working above ground and it includes strikes , lock outs, any short temporary closure due glitches etc.
So what your HR did is He took 2004 to 2009 as a period of gratuity and as you meet all criteria for that period , your gratuity is clear.
Now,
Due to your 1 year break though medical , they (your HRs & company) took your 2nd term as 2010-2014 ineligible for 5 year and this is as per law but I say strategically and legally it can be challenged on any fair platform for justice.
1.)You need to prove what kind of medical leave was that you took , it was continuous or intermittent ,or were you on LOP etc.(Your association with the organization was not cut).
2.)You didn't resigned and rejoined as a new employee
3.) You worked for {2004 to 09} and {2011 to 201}4----January/March 2009 to November 2009 (For year 2009-10) and January 2011 to March 2011(for year 2010-11)/ Continuous till 2014.
Request the HR & company to at least re-consider their decision if not.
Take some professional help , to get a solution.
Try Hard.
From Singapore, Singapore
Thank you all for your comments. I was not termined and I did not leave the company in 2010. After recovery I joined the company. I am following with the hr and accounts to correct my gratuity calculation.
From United Arab Emirates, Abu Dhabi
From United Arab Emirates, Abu Dhabi
My company is not ready to pay me gratuity for my full tenure of 10 yrs. They mailed me check I.e gratuity for 5 yrs from 2004 to 2010. They considered my salary that I use to get in 2010. I have not cashed the check and have been following up with my employer through emails regarding my gratuity. They never reply to my mails. Please let me know what should be my next step. My company is in noida. Pls advice.
From United Arab Emirates, Abu Dhabi
From United Arab Emirates, Abu Dhabi
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