Dear Freinds,
on 25th oct i left my l;ast orrganisation,i worked there more than 4 yrs.,
my Date of joing was 24 may 2003. My working period was around 4 yrs. 5 months. can i claim for gratuity?
plz giv m ur suggestions. i deserve or not fot that
Waiting for ur response
regards
Vineet mittal
From India, Delhi
1on 25th oct i left my l;ast orrganisation,i worked there more than 4 yrs.,
my Date of joing was 24 may 2003. My working period was around 4 yrs. 5 months. can i claim for gratuity?
plz giv m ur suggestions. i deserve or not fot that
Waiting for ur response
regards
Vineet mittal
From India, Delhi
dear friend,
No you cannot claim gratuity because as per payment of Gratuity Act you must have served full five years for claiming gratuity.
Only in case if the employee expires even before the completion of 5 years then his nominee can claim the same.
seniors correct me i am wrong.
REgards
Guru
From India, Bangalore
No you cannot claim gratuity because as per payment of Gratuity Act you must have served full five years for claiming gratuity.
Only in case if the employee expires even before the completion of 5 years then his nominee can claim the same.
seniors correct me i am wrong.
REgards
Guru
From India, Bangalore
Dear Vineet,
Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, - (a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease : Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement. So you dont deserve for Gratuity.
Thanks & Regards,
Raj
From India, Gurgaon
Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, - (a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease : Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement. So you dont deserve for Gratuity.
Thanks & Regards,
Raj
From India, Gurgaon
Dear guru,
one mor rule is there,
if any employee completed his 4.5 yrs in the co. ,on the discretion of management he can recd. gratuity after 4.5 yrs. but only discretion of management.
Regards
vineet
From India, Delhi
one mor rule is there,
if any employee completed his 4.5 yrs in the co. ,on the discretion of management he can recd. gratuity after 4.5 yrs. but only discretion of management.
Regards
vineet
From India, Delhi
Dear Mittal,
Yes you are correct. If your management is ready to release your gratuity than you can get it for sure, because i have seen such a case very in an employee had worked for 4 years and 11 months. In simple it is left for your management to take decision on this so go ahead and try. All the best..................
Regards
Amith R.
From India, Bangalore
Yes you are correct. If your management is ready to release your gratuity than you can get it for sure, because i have seen such a case very in an employee had worked for 4 years and 11 months. In simple it is left for your management to take decision on this so go ahead and try. All the best..................
Regards
Amith R.
From India, Bangalore
Dear Mittal,
Law has given a minimum period of five years but if the company wishes to pay for a lesser duration of service it can do it.
Again according to Gratuity Act, a year consist of 240 days. So if someone has worked for say 10/11 months can claim gratuity. Rationale is that the act says that if the last year of service if more than 6 months then it has to be taken as one full year. But here, in these type of cases (where the years of service is 4 yrs & few months) it is necessary that the employee has worked for more than 240 days.
Normally this kind of cases goes into court for final decision.
Yours is only 4 yrs and 5 months so by no means and standards you qualify for gratuity
Regards,
Nilendra
Law has given a minimum period of five years but if the company wishes to pay for a lesser duration of service it can do it.
Again according to Gratuity Act, a year consist of 240 days. So if someone has worked for say 10/11 months can claim gratuity. Rationale is that the act says that if the last year of service if more than 6 months then it has to be taken as one full year. But here, in these type of cases (where the years of service is 4 yrs & few months) it is necessary that the employee has worked for more than 240 days.
Normally this kind of cases goes into court for final decision.
Yours is only 4 yrs and 5 months so by no means and standards you qualify for gratuity
Regards,
Nilendra
Hi there:
I joined the company on 1-Jun-2003. Now I have an offer from other company, and my notice period for present employer is for 3 months. As I am approaching the 5 years completion, I can not take decision. I have two questions in this regards -
1. Can I resign from the present company in March, so that I will be relieved in June-08 , means completing 5 years, and not compromising on gratuity?
2. Should I wait for 5 years completion, means resign in June-08 to claim gratuity?
Please guide me.
Thanks - Rajendra
I joined the company on 1-Jun-2003. Now I have an offer from other company, and my notice period for present employer is for 3 months. As I am approaching the 5 years completion, I can not take decision. I have two questions in this regards -
1. Can I resign from the present company in March, so that I will be relieved in June-08 , means completing 5 years, and not compromising on gratuity?
2. Should I wait for 5 years completion, means resign in June-08 to claim gratuity?
Please guide me.
Thanks - Rajendra
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc