yes you have to pay the gratuity to the employee if he has completed 4 years & 240 days .
From India, New Delhi
From India, New Delhi
Madras Court case in this regards gave decision that after 4year 240 day gratuity will be applicable
From India, Vijayawada
From India, Vijayawada
Dear All
I think if any employee complete his/her service continuously in one industry for the minimum period of 4 years 280 days, then they will be liable for gratuuty.
But incase of pvt company & the co used outsourcing then on the willingness of company contractor should pay gratuity.
Thanks
Regards
Nilesh
From India, Mumbai
1I think if any employee complete his/her service continuously in one industry for the minimum period of 4 years 280 days, then they will be liable for gratuuty.
But incase of pvt company & the co used outsourcing then on the willingness of company contractor should pay gratuity.
Thanks
Regards
Nilesh
From India, Mumbai
Dear Karunakaran,
Applicability is different yes the Madras high court judgement has got binding effect on Tamil Nadu but it has got persuasive value for other states as well. If the judge finds the facts of the case to be similar and the reasoning given by Madras High Court to be acceptable he may decide the case on the bases of that.
From India, New Delhi
Applicability is different yes the Madras high court judgement has got binding effect on Tamil Nadu but it has got persuasive value for other states as well. If the judge finds the facts of the case to be similar and the reasoning given by Madras High Court to be acceptable he may decide the case on the bases of that.
From India, New Delhi
unfotunately, though I have completed 4 years and 240 days, the company is not paying gratuity. Any body can guide me what to do now?
From India, Pune
From India, Pune
Dear Avinash,
Please move an application before Labour Commissioner. They are the Authority under Payment of Gratuity Act. They will issue summons to your company and they will help you getting your Gratuity.
From India, New Delhi
Please move an application before Labour Commissioner. They are the Authority under Payment of Gratuity Act. They will issue summons to your company and they will help you getting your Gratuity.
From India, New Delhi
I agree with Mr.Kutty.
For counting 5 years, pls check these 2 conditions :
1. The difference between Last working date & date of joining should be 5 calendar yrs or more, AND
2. In all these 5 yrs, one should have completed 240 or 190 days as the case may be, else it would be treated as break in service, excluding certain conditions like lock out, legal strike, absence due to work related accident, etc
If both the above conditions are met, than one would be eligible for gratuity.
Rgds
Dixon
Tata Trent
Pune
From India, Mumbai
For counting 5 years, pls check these 2 conditions :
1. The difference between Last working date & date of joining should be 5 calendar yrs or more, AND
2. In all these 5 yrs, one should have completed 240 or 190 days as the case may be, else it would be treated as break in service, excluding certain conditions like lock out, legal strike, absence due to work related accident, etc
If both the above conditions are met, than one would be eligible for gratuity.
Rgds
Dixon
Tata Trent
Pune
From India, Mumbai
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Surendra_Kumar_ Verma_Etc_vs_Th e_Central_Gover nment_on_23_Sep tember_1980 Gratuity payable 4 years.pdf