Dear Dinesh, U can quote the attached S.C.judgment in respect of "continuous service" "240 days per year of service" etc. for the purpose of gratuity. All the best. kumar.s.
From India, Bangalore
362From India, Bangalore
Hello , Thanks to all whoever replied in this thread with their valuable information. I was able to convince my employer and I got the gratuity also. Many Thanks , Dinesh
From India, Bangalore
From India, Bangalore
Hi Anyone can give a clarification about leave details : what type of leaves are there and who are all eligible to the leaves .what are all the paid leave available .
From India, Chennai
From India, Chennai
Dear Govind,
Applicability of leave vary from employer to employer, it is not uniform with all employers. Mostly these are industry specifics. For ex. IT, govt.trade, shops, offices etc. Generally there are 3 types of leave viz., (1) Casual Leave = Normally one day per month of service rendered, i.e. 12 days in a year (2) 20 or 30 days of Earned Leave per year and (3) 20 days of Medical or sick leave against MC. There also Compensatory off when essential workers are engaged on a paid holiday which can be utilised later under proper understanding with HOD.
Paid holidays are Minimum 9 or 10 days in a year declared by the Govt. apart from that employer declare another 10 to 12 days as paid holidays according to state practices. Most of regular employees are eligible for these leave.
kumar.s.
From India, Bangalore
Applicability of leave vary from employer to employer, it is not uniform with all employers. Mostly these are industry specifics. For ex. IT, govt.trade, shops, offices etc. Generally there are 3 types of leave viz., (1) Casual Leave = Normally one day per month of service rendered, i.e. 12 days in a year (2) 20 or 30 days of Earned Leave per year and (3) 20 days of Medical or sick leave against MC. There also Compensatory off when essential workers are engaged on a paid holiday which can be utilised later under proper understanding with HOD.
Paid holidays are Minimum 9 or 10 days in a year declared by the Govt. apart from that employer declare another 10 to 12 days as paid holidays according to state practices. Most of regular employees are eligible for these leave.
kumar.s.
From India, Bangalore
Dear Govind,
Pl.go thro' the attached write up, this would give U various practices, rules followed by different employers depending on the applicability of leave to that particular sector. State & central govt. follow one set of rules, in private, organised sector and unorganised sector follow fully or tinkered leave rules from Factories act etc. in combination with ESI /Maternity Act. There are also shops and multi national estts. and Educational institutions, trusts, societies, partnership firms, proprietorship firms etc. Much would depend on practices followed in the respective trade or sectors. Again there are differences due to hours & days of work like 5 days a week or 6 days work sch. estts.and practised by parent or holding co. located even outside India.
You R free to consider whatever suitable & convenient in the interest of running an Estt. successfully.
With regards,
kumar.s.
From India, Bangalore
Pl.go thro' the attached write up, this would give U various practices, rules followed by different employers depending on the applicability of leave to that particular sector. State & central govt. follow one set of rules, in private, organised sector and unorganised sector follow fully or tinkered leave rules from Factories act etc. in combination with ESI /Maternity Act. There are also shops and multi national estts. and Educational institutions, trusts, societies, partnership firms, proprietorship firms etc. Much would depend on practices followed in the respective trade or sectors. Again there are differences due to hours & days of work like 5 days a week or 6 days work sch. estts.and practised by parent or holding co. located even outside India.
You R free to consider whatever suitable & convenient in the interest of running an Estt. successfully.
With regards,
kumar.s.
From India, Bangalore
Dear Sir,
currently i am working in travel agencies company & now i have decided to resign from this company due to some dispute in our company, sir i have worked 4month & 11 month contuniously.
i am elegively for gratuity
From India, Kolkata
currently i am working in travel agencies company & now i have decided to resign from this company due to some dispute in our company, sir i have worked 4month & 11 month contuniously.
i am elegively for gratuity
From India, Kolkata
Hi Mahwish Khan,
As you said, the Payment of Gratuity Act once you complete 240 days in the fifth year. So my question is that 240 days including week off(i.e. we have a off every saturday and sunday in our organization).
Please reply.
From United States, Tarrytown
As you said, the Payment of Gratuity Act once you complete 240 days in the fifth year. So my question is that 240 days including week off(i.e. we have a off every saturday and sunday in our organization).
Please reply.
From United States, Tarrytown
There is no difference of part time or full time employment in Payment of Gratuity Act and also assuming that there is no break in service.
Hence, gratuity will be calculated on the last drawn wages Rs.10,000/- and for a continuous service of 10 years.
Gratuity will be Rs. 57,692/-
Check my blog at www.labourlawhub.com
From India, Kolkata
Hence, gratuity will be calculated on the last drawn wages Rs.10,000/- and for a continuous service of 10 years.
Gratuity will be Rs. 57,692/-
Check my blog at www.labourlawhub.com
From India, Kolkata
Dear Sir,
I have been working in a Central Govt PSU. The reporting date to the Induction training is called Date of Joining. After few months of training we are appointed in the present grade and this date is called Date of Appointment.
1) for the purpose of calculating gratuity which date is considered ? Date of Joining or Date of Appointment.
2) Though recently, I have completed 5 years of service, I was on Extraordinary leave (XOL or EXOL- Loss of Pay) for ten days without Medical certificate owing to personal family problems. this happened during my third year of service.
in general this 10 days is treated as break of service.
Now am I eligible for gratuity for my five years of service?
From India, Namakkal
I have been working in a Central Govt PSU. The reporting date to the Induction training is called Date of Joining. After few months of training we are appointed in the present grade and this date is called Date of Appointment.
1) for the purpose of calculating gratuity which date is considered ? Date of Joining or Date of Appointment.
2) Though recently, I have completed 5 years of service, I was on Extraordinary leave (XOL or EXOL- Loss of Pay) for ten days without Medical certificate owing to personal family problems. this happened during my third year of service.
in general this 10 days is treated as break of service.
Now am I eligible for gratuity for my five years of service?
From India, Namakkal
Dear Sir,
I have worked in an organization for a period of 4 year 11 months and 27 days ( Includes notice period). The details are as following
Date of Joining: 11- Nov - 2011
Date of Resignation: 07 - Oct - 2016
Last working Day : 07 - Nov -2016 (On resign acceptance letter but actually was relieved on 03.11.2016)
My company asks for 1 month notice period.
I am asking for the gratuity bonus because I came to know that i am eligible for gratuity. But my company says that I am not eligible cause I have not completed 5 years in the organization.
I want to know if I am eligible for it or not. And if i am eligible , how can i claim for it if my company deny to give it.
I will be thankful for valuable suggestions.
Thanks
Gaurav
From India, Bakali
I have worked in an organization for a period of 4 year 11 months and 27 days ( Includes notice period). The details are as following
Date of Joining: 11- Nov - 2011
Date of Resignation: 07 - Oct - 2016
Last working Day : 07 - Nov -2016 (On resign acceptance letter but actually was relieved on 03.11.2016)
My company asks for 1 month notice period.
I am asking for the gratuity bonus because I came to know that i am eligible for gratuity. But my company says that I am not eligible cause I have not completed 5 years in the organization.
I want to know if I am eligible for it or not. And if i am eligible , how can i claim for it if my company deny to give it.
I will be thankful for valuable suggestions.
Thanks
Gaurav
From India, Bakali
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx