An employee can apply before leaving the services and it is the accountability of the employer to pay gratuity along with the full & final settlement to the employee or within the 30 days of his leaving the company. Eventhough, if you do not apply in purticular; the employer should pay you by any means. In case of failure to payment of gratuity the employer will be paying you along with the interest @12% from the date of gratutiy become due. (30 days of the employee leaving the establishment).
Please refer the Payment of Gratuity Act for further information.
From India, Visakhapatnam
990Please refer the Payment of Gratuity Act for further information.
From India, Visakhapatnam
Dear Mr. Mahato,
Please use the following link directed to many attachments with Gratuity Act. You can also type your query required and make use of the "Research" facility at the top for required/essential information.
CiteHR Attribution: Payment of Gratuity Act
From India, Visakhapatnam
Please use the following link directed to many attachments with Gratuity Act. You can also type your query required and make use of the "Research" facility at the top for required/essential information.
CiteHR Attribution: Payment of Gratuity Act
From India, Visakhapatnam
The 2 years working as a contract employee will not be counted in gratuity You were not working for the current employee but for a different one
From India, Mumbai
From India, Mumbai
Dear Saswata Banerjee, I m working with the same employer. Is it counted for gratuity? Abhijit Mahato
From India, Ranchi
From India, Ranchi
Abhijit Mahato
Your DOJ is 27.06.2008 & released on 28.02.2013.that mean you worked for 4 year 8 months . Your very well applicable for Gratuity. According to the Gratuity Act 1972, you are eligible to get the gratutiy after the completion of Five years. It is calculated as 1 year if a person completes 6 months of service .
BABUDADA
From India, Mumbai
Your DOJ is 27.06.2008 & released on 28.02.2013.that mean you worked for 4 year 8 months . Your very well applicable for Gratuity. According to the Gratuity Act 1972, you are eligible to get the gratutiy after the completion of Five years. It is calculated as 1 year if a person completes 6 months of service .
BABUDADA
From India, Mumbai
The Gratuity Act entitles employee to get their Gratuity but he should not be a apprentice under the Apprentice Act. It is the question whether the employer is going to take into account from your initial date of joining and consider 6 year 6 months or 4 years 6 months and reject your plea. It would be helpful to specify the name or designation of post or terms of contract. I suggest make a request to the employer as first step and give a reminder after 15 days as second step and then approach the Controlling Authority under the Payment of Gratuity Act of your region for the amount. Don\'t fail to specify your date of joining and leaving while claiming.
From India, Pondicherry
From India, Pondicherry
Dear Abhijit,
Sub-section (1) of Section 2A of The Payment of Gratuity Act, 1972, talks about the continuous service. It clearly states that an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee. So, the paid leave as mentioned by you is included in the service period.
As rightly said by Sharmila, you are eligible for gratuity for the whole period of service since the term employee is well defined in clause (e) of section 1 of The Payment of Gratuity Act, 1972 which states that the “Employee” means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are express or implied, in any kind of work, manual or otherwise, in or in connection with the work of a factory, mine, oilfield, plantation, port, railway company, shop or other establishment, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity. As per the said clause, every one is eligible for gratuity whether he is a permanent (express) or contract (implied) employee.
Hope the doubt is cleared to an extent as regards to your eligibility of gratuity.
Regards,
P. Vathiraj
From India
Sub-section (1) of Section 2A of The Payment of Gratuity Act, 1972, talks about the continuous service. It clearly states that an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee. So, the paid leave as mentioned by you is included in the service period.
As rightly said by Sharmila, you are eligible for gratuity for the whole period of service since the term employee is well defined in clause (e) of section 1 of The Payment of Gratuity Act, 1972 which states that the “Employee” means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are express or implied, in any kind of work, manual or otherwise, in or in connection with the work of a factory, mine, oilfield, plantation, port, railway company, shop or other establishment, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity. As per the said clause, every one is eligible for gratuity whether he is a permanent (express) or contract (implied) employee.
Hope the doubt is cleared to an extent as regards to your eligibility of gratuity.
Regards,
P. Vathiraj
From India
1. If you were working through a contractor, you were not employed by this employer. That is therefore not a part of continuous service, your service with the employer started when you come on their payroll
2. If you were an employ working under a contract directly. With the company, then you were a consultant, service provider or a professional. In each case, you were not an employee
So you will not be able to count that period
From India, Mumbai
2. If you were an employ working under a contract directly. With the company, then you were a consultant, service provider or a professional. In each case, you were not an employee
So you will not be able to count that period
From India, Mumbai
For the purpose of eligibilty for payment of gratuity what is important is the period for which one remains an employee of an employer before separation, whether as casual worker, temporary , contractual( not contract labour), or regular employee against a lien.Min. Continuous service should not be less than 5 years.
For calculating the amount of gratuity, number of years of continuous service needs to be calculated including any period less than a year but more than 6 months( shall be taken as one full year).
From India, Pune
For calculating the amount of gratuity, number of years of continuous service needs to be calculated including any period less than a year but more than 6 months( shall be taken as one full year).
From India, Pune
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx