Dear All,
I have a query regarding the above post and replies. His PF was deducted for the last one year. Maybe he was not on the company payroll. If so, is he eligible to get his Gratuity? Is gratuity payable to temporary staff working?
Regards,
Debajyoti
From India
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3I have a query regarding the above post and replies. His PF was deducted for the last one year. Maybe he was not on the company payroll. If so, is he eligible to get his Gratuity? Is gratuity payable to temporary staff working?
Regards,
Debajyoti
From India
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Hi all,
I think an employee has to submit nomination forms for gratuity after completing 1 year. Additionally, I believe there is a connection between an employee's PF and the payment of gratuity. Please educate me if I am wrong!
Thank you,
Vishwanath
From India, Hyderabad
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I think an employee has to submit nomination forms for gratuity after completing 1 year. Additionally, I believe there is a connection between an employee's PF and the payment of gratuity. Please educate me if I am wrong!
Thank you,
Vishwanath
From India, Hyderabad
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No, because as per the law, an employee becomes eligible to get paid for gratuity only once he/she completes 5 years of continuous service in an organisation.
From India, New Delhi
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From India, New Delhi
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First of all you Know one think If you are working under Probation or trainee is not possible. After Confirmation Your service maximum 5 years and above...
From India, Madras
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From India, Madras
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Dear Jatinder, As per the latest judgements, if an employee has completed his 4 years and 240 days of service in the company, he/she can claim gratuity. Thanks and Regards, Deepak Sabharwal
From India, Gurgaon
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From India, Gurgaon
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Sachin, you have every right to claim gratuity from the company. Under which Act is your company registered? Though it's legal that the company needs to pay you the same and it would be a part of your full and final settlement, if they don't, just remind them you have completed more than 5 years, hence it's your right.
Deepak would advise you to attach the notification/Ruling. Verbal things on legal matters are not advisable. "Kanoon saboot mangata hai..." So please do the needful.
From United Kingdom
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Deepak would advise you to attach the notification/Ruling. Verbal things on legal matters are not advisable. "Kanoon saboot mangata hai..." So please do the needful.
From United Kingdom
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Dear All,
There is definitely no linkage between PF and Gratuity. However, for the claim of gratuity, the Date of Joining is very important. In that case, the employee has to provide the letter of appointment and the confirmation letter.
Based on my understanding from the post, the employee (Mr. Sachin Mali) was confirmed only a year ago, so he may not be eligible. If the company introduced PF a year ago and he has documents proving his Date of Joining, then he will definitely be eligible for Gratuity.
Please correct me if I am wrong.
Regards,
Debajyoti
From India
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There is definitely no linkage between PF and Gratuity. However, for the claim of gratuity, the Date of Joining is very important. In that case, the employee has to provide the letter of appointment and the confirmation letter.
Based on my understanding from the post, the employee (Mr. Sachin Mali) was confirmed only a year ago, so he may not be eligible. If the company introduced PF a year ago and he has documents proving his Date of Joining, then he will definitely be eligible for Gratuity.
Please correct me if I am wrong.
Regards,
Debajyoti
From India
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Dear Sir,
Thanks for your reply. Our company is in a rural area and may not be covered under the Payment of Gratuity Act (I think so). However, as per government rules, every company has to be covered under this act. I have sufficient proof, i.e., certificates for obtaining loans, etc. Please advice.
From India, Khopoli
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Thanks for your reply. Our company is in a rural area and may not be covered under the Payment of Gratuity Act (I think so). However, as per government rules, every company has to be covered under this act. I have sufficient proof, i.e., certificates for obtaining loans, etc. Please advice.
From India, Khopoli
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Dear,
When you know that as per Government Rules, every company has to be covered under this Act, and you have sufficient proof of employment, then file a claim case before the Controlling Authority under the Payment of Gratuity Act of your concerned area if the company is denying your claim for payment of gratuity.
With Regards,
R.N.Khola
From India, Delhi
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When you know that as per Government Rules, every company has to be covered under this Act, and you have sufficient proof of employment, then file a claim case before the Controlling Authority under the Payment of Gratuity Act of your concerned area if the company is denying your claim for payment of gratuity.
With Regards,
R.N.Khola
From India, Delhi
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