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I'm not sure for any amendment to GA to give effect to 240 days concept. However the attached SC judgment may throw some light on this issue, I hope especially for those who need some supporting doc.to consider 240 days/year of service.
From India, Bangalore
From India, Bangalore
Dear friends,
Re: Gratuity in respect of employees under CTC - for those who either leave before 5 yrs of qualifying service or otherwise.
It's high time that citeHR forum & members should mobilise public & political support for reigning(rein) in some legislation addressed to 1) for codifying CTC pattern type emoluments and 2) rationalisation of terminal benefits to those switching jobs before completing qualifying service covered under CTC. Now, At a time the frequency of switching of jobs especially in IT/ITES, Bio-Tech sector is witnessed very high and therefore it's timely need.
This has major impact more on gratuity contribution than other benefits like accumulated leave left behind unavailed, health insurance, unutilised LTC pertaining to the past service etc. Some sort of transfer arrangement like EPF should be in place to solve the loss in this regard.
From India, Bangalore
Re: Gratuity in respect of employees under CTC - for those who either leave before 5 yrs of qualifying service or otherwise.
It's high time that citeHR forum & members should mobilise public & political support for reigning(rein) in some legislation addressed to 1) for codifying CTC pattern type emoluments and 2) rationalisation of terminal benefits to those switching jobs before completing qualifying service covered under CTC. Now, At a time the frequency of switching of jobs especially in IT/ITES, Bio-Tech sector is witnessed very high and therefore it's timely need.
This has major impact more on gratuity contribution than other benefits like accumulated leave left behind unavailed, health insurance, unutilised LTC pertaining to the past service etc. Some sort of transfer arrangement like EPF should be in place to solve the loss in this regard.
From India, Bangalore
This is specific to the query on whether Madras High Court Judgement is valid for other States
1. SC verdict covers all States
2. HC Judgements will cover the specific State
3. However, if there are no other Judgement by any other State High Court, the NJudgement may be construed as binding on Lower Courts But if any appeal is pending, then this may not be binding in other States
Sivasankaran
From India, Chennai
1. SC verdict covers all States
2. HC Judgements will cover the specific State
3. However, if there are no other Judgement by any other State High Court, the NJudgement may be construed as binding on Lower Courts But if any appeal is pending, then this may not be binding in other States
Sivasankaran
From India, Chennai
I don't see any reason for denying gratuity despite SC judgment supporting specifically 240 days analogy. If they are not willing to adopt Madras HC judgment how they are justified ignoring SC judgment which is binding every employer all over India. Claimants should take it up aggressively to secure their right to gratuity.
From India, Bangalore
From India, Bangalore
Gratuity is Part of CTC but payable only after the completion of 5 years of service and eligiblity should be 4 years 240 days. simple answer Thanks & Regards, From, Sumit Kumar Saxena
From India, Ghaziabad
From India, Ghaziabad
Dear All ++++++++++++++ Thanks for your inputs. Wish a happy and prosperous festival of lights, DIWALI +++++++++++++
From India, New Delhi
From India, New Delhi
Dear friends,
TV reports indicates that the GoI is seriously considering amending the Payment of Gratuity Act to enable entitlement to gratuity to those completed 3 yrs itself instead of present 5 yrs continuous service. If this becomes real lakhs of employees will receive the benefit, may be at the cost of employers, who shouldn't mind (keep guessing what's going to be like- prospective or retrospective, keep fingers crossed) . Reports suggest that GoI solicited opinions of stake holders (here not the employees but from employers). May be the election year will boast of this new beginning, a wind fall indeed, let us hope. All the best to all frequenters.
From India, Bangalore
TV reports indicates that the GoI is seriously considering amending the Payment of Gratuity Act to enable entitlement to gratuity to those completed 3 yrs itself instead of present 5 yrs continuous service. If this becomes real lakhs of employees will receive the benefit, may be at the cost of employers, who shouldn't mind (keep guessing what's going to be like- prospective or retrospective, keep fingers crossed) . Reports suggest that GoI solicited opinions of stake holders (here not the employees but from employers). May be the election year will boast of this new beginning, a wind fall indeed, let us hope. All the best to all frequenters.
From India, Bangalore
Dear Elders,
i have worked in an organization for 4 years 9 months but the gratuity not paid for me. in the standing orders of the the company one point mentioned that "the gratuity will be paid for the person who will complete 5 years of service". on showing this our HR is refused to pay the gratuity. now tell me Am i really eligible for gratuity, if eligible how can i get the gratuity amount from the company.
Please convey the suggestions.
Best Regards
D. Nagaraju
From India, Hyderabad
i have worked in an organization for 4 years 9 months but the gratuity not paid for me. in the standing orders of the the company one point mentioned that "the gratuity will be paid for the person who will complete 5 years of service". on showing this our HR is refused to pay the gratuity. now tell me Am i really eligible for gratuity, if eligible how can i get the gratuity amount from the company.
Please convey the suggestions.
Best Regards
D. Nagaraju
From India, Hyderabad
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Doctors on Part Time payment-Gratuit y eligibility- Gujarat High Court.docx
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FORM-F-NOMINATI ON OF GRATUITY.pdf