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Dear Neha ,
For entitlement of Gratuity, 5 years continuos service is must.
4 years 6 months cannot be considered as 5 years. i.e for elibility
For calculation purposes of Gratuity any thing more than 6 months is to be considered as an year. For example if an employee puts in 6 years 6 months and 1 day of service , the gratuity calculation need to be made as if he had put in 7 years of service.
In case of death, the ceiling of 5 years is not manadatory.
regards
Rajgopal
From India, Madras
For entitlement of Gratuity, 5 years continuos service is must.
4 years 6 months cannot be considered as 5 years. i.e for elibility
For calculation purposes of Gratuity any thing more than 6 months is to be considered as an year. For example if an employee puts in 6 years 6 months and 1 day of service , the gratuity calculation need to be made as if he had put in 7 years of service.
In case of death, the ceiling of 5 years is not manadatory.
regards
Rajgopal
From India, Madras
can anybody guide me about bonus act like what is min bonus and maxi bonus & what is the exgratia? please...
From India, Mumbai
From India, Mumbai
Its 5 yrs only. but after completion of five years someone who has worked for 5 yrs and 6 months would be entitle to get payment for 6 years.
From India, Visnagar
From India, Visnagar
Dear All,
I can see may HR faternity posting 5 years is the minimum eligibility for Gratuity. This message is for those who has just referred the books on Gratuity / Bare Acts etc.
Refer the below ruling in the Honourable court of Madras High Court
Mettur Beardsell Ltd. (represented by its Personnel Manager Vs. Regional Labour Commissioner (Central Authority under the Payment of Gratuity Act, 1972), Madras, 1998 LLR 1072 (Mad. HC)
Any employee who has completed 4 years of continuous services and 240 days in fifth year is to be considered as 5 years of service for calculating Gratuity. As per Section 2 A of the Payment of Gratuity Act, 240 days continuous services has to be considered a year's service.
Rgds,
Suresh Ramalingam, B.A., B.L., M.L.M.,
Manager - Compliance
From India, Mumbai
I can see may HR faternity posting 5 years is the minimum eligibility for Gratuity. This message is for those who has just referred the books on Gratuity / Bare Acts etc.
Refer the below ruling in the Honourable court of Madras High Court
Mettur Beardsell Ltd. (represented by its Personnel Manager Vs. Regional Labour Commissioner (Central Authority under the Payment of Gratuity Act, 1972), Madras, 1998 LLR 1072 (Mad. HC)
Any employee who has completed 4 years of continuous services and 240 days in fifth year is to be considered as 5 years of service for calculating Gratuity. As per Section 2 A of the Payment of Gratuity Act, 240 days continuous services has to be considered a year's service.
Rgds,
Suresh Ramalingam, B.A., B.L., M.L.M.,
Manager - Compliance
From India, Mumbai
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc