Going by the rules the employee is not eligible for gratuity. The concept of Gratuity comes only after completion of 5 years. Even a day less makes the employee not eligible.
From India, Delhi
From India, Delhi
hi According to industry law gratuity 4.260 days is not eligible he must and should completed 5 years
From India, Guntur
From India, Guntur
sir please help me ASAP emergency,....
I got admitted in the hospital on 13th of February 2012, and got discharged on 21st of February, and the very next day I informed my manager that I cannot come to office as I have to be on absolute bed rest until the treatment is completed
As I am unable to come to office I asked my manager to relieve me from the services, hence my manager took all the documents supporting my health condition
My manager has raised a separation request. Now, When I contacted my manager about the confirmation letter stating that I got relieved from the services,she asked me to contact the separation team
Please do the needful as I am planing to leave out station for further treatment and want to have no obligations while undergoing the treatment.
From United States, Cambridge
I got admitted in the hospital on 13th of February 2012, and got discharged on 21st of February, and the very next day I informed my manager that I cannot come to office as I have to be on absolute bed rest until the treatment is completed
As I am unable to come to office I asked my manager to relieve me from the services, hence my manager took all the documents supporting my health condition
My manager has raised a separation request. Now, When I contacted my manager about the confirmation letter stating that I got relieved from the services,she asked me to contact the separation team
Please do the needful as I am planing to leave out station for further treatment and want to have no obligations while undergoing the treatment.
From United States, Cambridge
"Judgment from Supreme Court:
"Yes, by virtue of the judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity."
Also refer the Madras HC Judgement above.
Person/employee worked for 4 years and 240 days will be eligible for gratuity. In case you don't get you may write to the labour commissioner regarding your grievance.
regards,
Stephen Leslie Hembrom
"Yes, by virtue of the judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity."
Also refer the Madras HC Judgement above.
Person/employee worked for 4 years and 240 days will be eligible for gratuity. In case you don't get you may write to the labour commissioner regarding your grievance.
regards,
Stephen Leslie Hembrom
Dear Friend, As per Madras Highcourt decision, you have completed more than 240 days in fifth year therefore you are eligible for Gratuity payment . Regards, Hem Chandra Tewari Asst. Manager - HR
From India, Delhi
From India, Delhi
If an employee completed his 4 years in service and has completed 240 days in the 5th year then he is entitled for 5 years gratuity. See section 4 under Payment of Gratuity Act, Regards, Sandip
From India, Calcutta
From India, Calcutta
He is eligible for gratuity. I am fully agree with Mr. S. Sethupathy.
In the year of 2010, I got the gratuity after completion of 4 yrs & 8 months of my job.
At that time i showed the decision of Madras High court and got the gratuity.
Anurag
Head HR
From India, New Delhi
In the year of 2010, I got the gratuity after completion of 4 yrs & 8 months of my job.
At that time i showed the decision of Madras High court and got the gratuity.
Anurag
Head HR
From India, New Delhi
Generally when CTC concept is introduced by pvt companies, whether the Gratuity is/not part of CTC, the period is counted from DOJ.
From India
7From India
Almost all standard organisations do consider the date of joining as the actual one, including that of training (GET/MT/DET, etc,), as the case may be. This is more of a matter of policy, as certain organisation maynot count training period for calculating service; not mandatory also. Anyhow, confirmation is not a factor of consideration.
Anil Pillai
From India, Jaipur
Anil Pillai
From India, Jaipur
Dear All,
I am working as an Asst Manager - HR in a Pvt. Ltd. Company and my owner is the Director of the company.
Please let me know, whether Directors are eligible for gratuity.
If no, please let me know about the Section No. of Gratuity Act so that i will have more details.
Regards,
Bapuji Sahu
From India, Mumbai
I am working as an Asst Manager - HR in a Pvt. Ltd. Company and my owner is the Director of the company.
Please let me know, whether Directors are eligible for gratuity.
If no, please let me know about the Section No. of Gratuity Act so that i will have more details.
Regards,
Bapuji Sahu
From India, Mumbai
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx