Dear all,
I am working with a private firm for the last 5 years and 5 months. The first six months are being treated as probationary period in our firm. Am I eligible for gratuity ? My present salary is 15000/- basic. after one or two months i expect an increment. Will somebody please inform me ? Also would like to know will i get the complete amount from PF .. that is both employer's and my contribution for last 5 years...
thanks to all
das
From India, Mumbai
I am working with a private firm for the last 5 years and 5 months. The first six months are being treated as probationary period in our firm. Am I eligible for gratuity ? My present salary is 15000/- basic. after one or two months i expect an increment. Will somebody please inform me ? Also would like to know will i get the complete amount from PF .. that is both employer's and my contribution for last 5 years...
thanks to all
das
From India, Mumbai
Dear Das,
As per the provision of the Gratuity Act,1972 " Every employee ( other then an apprentice ) irrespective of the wages & salary is entitled to receive Gratuity after he has rendered continous service of 5 yeras or more.
Rgds,
Deepak Singh
From India, Mumbai
35As per the provision of the Gratuity Act,1972 " Every employee ( other then an apprentice ) irrespective of the wages & salary is entitled to receive Gratuity after he has rendered continous service of 5 yeras or more.
Rgds,
Deepak Singh
From India, Mumbai
Thank you Mr. Deepak Singh. What I was afraid was they may not take the first 6 months of my service into account as i started signing the muster after getting confirmation. Thank u.
From India, Mumbai
From India, Mumbai
Your concern is little true...They might turn up saying this. But yes, as per the Gratuity Act, 1972 you can definitely ask for it as you must be having your Offer Letter which contains the joining date in this organisation.
All the best.
From India, Vadodara
All the best.
From India, Vadodara
Any labour legislation is silent about probation period. The probation period is an internal matter of the respective establishment. But in the eyes of law, there is no diffrence between a probationer and permanent worker. One who is under probation as per standing orders of the company cannot be denied the eligible gratuity or other benefits.
In your case, if you had worked for more than 5 years and even if the period includes six months probation, you are eligible for gratuity provided during the period of probation you had signed the attendance register of the company which is a proof of you having been in service. The qualifying words ' probation' is no matter here.
The gratuity is calculated on the salary at the time of leaving and therefore, if your salary is revised you will get the gratuity on the basis of revised salary.
You can get both Employees share and Employer's share of EPF by withdrawal of the same.
Regards,
Madhu.T.K
From India, Kannur
In your case, if you had worked for more than 5 years and even if the period includes six months probation, you are eligible for gratuity provided during the period of probation you had signed the attendance register of the company which is a proof of you having been in service. The qualifying words ' probation' is no matter here.
The gratuity is calculated on the salary at the time of leaving and therefore, if your salary is revised you will get the gratuity on the basis of revised salary.
You can get both Employees share and Employer's share of EPF by withdrawal of the same.
Regards,
Madhu.T.K
From India, Kannur
Dear All,
Thank you very much for your expert advice.
As Madhu .T.K pointed out, my office did not allow me to sign in the muster from 27.10.2002 to 01.04.2003 (my probation period) and they started deducting for PF after probation. No appointment letter was issued either to me. However, in my bio-data and the application i have submitted at the time of final interview, i think there is some remarks put by them by hand as to when i was appointed. Can i get a xerox copy of this to submit as evidence later on ?? Further, in the old files of this period, there are papers with my signature or remarks / scribblings etc.. Will this be enough ? if they deny my rightful gratuity ( i am planning to resign on 1st week of coming May), do i have any provisions to claim that ? like requesting an officer from labor court or something like that which will prove my claim ? please guide me.
Thanks
Das
From India, Mumbai
Thank you very much for your expert advice.
As Madhu .T.K pointed out, my office did not allow me to sign in the muster from 27.10.2002 to 01.04.2003 (my probation period) and they started deducting for PF after probation. No appointment letter was issued either to me. However, in my bio-data and the application i have submitted at the time of final interview, i think there is some remarks put by them by hand as to when i was appointed. Can i get a xerox copy of this to submit as evidence later on ?? Further, in the old files of this period, there are papers with my signature or remarks / scribblings etc.. Will this be enough ? if they deny my rightful gratuity ( i am planning to resign on 1st week of coming May), do i have any provisions to claim that ? like requesting an officer from labor court or something like that which will prove my claim ? please guide me.
Thanks
Das
From India, Mumbai
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