I would like to know if I can claim gratuity from my previous organization (I was working with this orgn. from 2nd May 1998 to 30th April 2003). Later changed my job wherein I worked for 5yrs. & was given my gratuity.
(I referred to the mail of Mr. Ram & hence raising this query.. pls. advise)
Thanks one & all
From India, Mumbai
(I referred to the mail of Mr. Ram & hence raising this query.. pls. advise)
Thanks one & all
From India, Mumbai
You can not claim gratuity from the earlier employer as you have not completed 5 years of service.
You would have been eligible if you would have worked with them for 2-3 days more.
Thanks,
Kind Regards,
Avika Kapoor
From India, New Delhi
117You would have been eligible if you would have worked with them for 2-3 days more.
Thanks,
Kind Regards,
Avika Kapoor
From India, New Delhi
As per the provisions of the Payment of Gratuity Act, an employee is entitled to gratuity once he completes 5 years of continious service with an employer. Such gratuity is payable within 30 days of resignation, retirement or death (to legal heirs) of an employee.
The Madrad High Court, in a judgment, reported in 1998 LLR 1072, has held that if an employee has completed 240 days in the 5th Year of service, he shall be be deemed to have been continued in service for one year as stipulated by Section 2A of the Payment of Gratuity Act, 1972, and hence he is entitled for gratuity.
From the details given by you, you have joined the services on 2nd May, 1999, and resigned on 30th April, 2003. Therefore you are entitled to claim gratuity from your ex-employers. Alongwith this, since the employer has failed to pay gratuity, with 30 ays from the date of your seperartion, you shall also be entitled to claim interest upon the same from the date of your seperation, till actual payment of gratuity.
If your ex-employer does not pay the same, you can just file a application to the Labour Commissioner, in your area about the same, and then he would initiate proceedings against your ex-employer.
I hope so that this resolves your query.
From India, Pune
The Madrad High Court, in a judgment, reported in 1998 LLR 1072, has held that if an employee has completed 240 days in the 5th Year of service, he shall be be deemed to have been continued in service for one year as stipulated by Section 2A of the Payment of Gratuity Act, 1972, and hence he is entitled for gratuity.
From the details given by you, you have joined the services on 2nd May, 1999, and resigned on 30th April, 2003. Therefore you are entitled to claim gratuity from your ex-employers. Alongwith this, since the employer has failed to pay gratuity, with 30 ays from the date of your seperartion, you shall also be entitled to claim interest upon the same from the date of your seperation, till actual payment of gratuity.
If your ex-employer does not pay the same, you can just file a application to the Labour Commissioner, in your area about the same, and then he would initiate proceedings against your ex-employer.
I hope so that this resolves your query.
From India, Pune
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc