I have had a continuous service of 4 years and 9 months in an organisation.Am i entitled for gratuity? As Act says if 240 days are completed it is deemed as one year ,if a person complete 4 yrs and more than 240 days of continuous service is he entitled to gratuity? Any case laws which support this?
From India, Madras
From India, Madras
Dear Sir,
a person who has not completed 5 yrs of service continously in an organisation is not entitled for gratuity. However after completing 5 years, if yourtotal service excees 6 months then you are entitled for 6 years gratuity amount, provided that MAXIMUM AMOUNT SHOULD'NT EXCEED Rs. 3,50,000.
Regards,
Vikas Vsisht
From India, New Delhi
1a person who has not completed 5 yrs of service continously in an organisation is not entitled for gratuity. However after completing 5 years, if yourtotal service excees 6 months then you are entitled for 6 years gratuity amount, provided that MAXIMUM AMOUNT SHOULD'NT EXCEED Rs. 3,50,000.
Regards,
Vikas Vsisht
From India, New Delhi
I do not agree with Vikas. If some one has completed 240 days in the fifth year, one is entitled for the Gratuity and the total amount is Rs. 10,00,000/- .
From India, Mumbai
From India, Mumbai
Dear Pranav Arora,
I feel you are confused with one verdict from Supreme court and another one from Madras High Court that if there is an attendance of 240 days in the last year, it will be considered as a full year.
But to my knowledge, after the above judgements the act is amended as under :
1. Minimum eligibility to get Gratuity is 5 years.
2. In the case of permanent employees, for the preceeding 12 months, there should be a minimum attendance of
a) 190 days
i) for those work in Mines
ii) for those work for less than 6 days in a week
b) 240 days in other cases.
i.e 240 days is minimum attendance in 12 months.
Abbas.P.S
From India, Bangalore
I feel you are confused with one verdict from Supreme court and another one from Madras High Court that if there is an attendance of 240 days in the last year, it will be considered as a full year.
But to my knowledge, after the above judgements the act is amended as under :
1. Minimum eligibility to get Gratuity is 5 years.
2. In the case of permanent employees, for the preceeding 12 months, there should be a minimum attendance of
a) 190 days
i) for those work in Mines
ii) for those work for less than 6 days in a week
b) 240 days in other cases.
i.e 240 days is minimum attendance in 12 months.
Abbas.P.S
From India, Bangalore
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc