Hi, For gratuity 240 days to b completed in the last fifth year, i.e. if any employee has worked 4 year 240 days in organisation then the are entitled for the avaling Gratuity.
From India, Delhi
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5From India, Delhi
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I have a unique case. Joining Date: 22nd May 2004 Planned Last Working Day: 8th May 2009 In this case is the person eligible for receiving gratuity
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Dear,
According to the strict preposition of the Payment of Gratuity Act, 1972, you are also sailing in the same boat. We have heard that one of the Hon'ble HCs has given a judgment to the effect that if any employee works for 240 days and above during the fifth year, then that employee will also become eligible for receiving a gratuity amount. Still, without referring to that judgment, no one can advise you to file a claim case before the Controlling Authority under the Payment of Gratuity Act, 1972. Due to this hearsay, we are facing these types of expectations in the field.
Regards,
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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According to the strict preposition of the Payment of Gratuity Act, 1972, you are also sailing in the same boat. We have heard that one of the Hon'ble HCs has given a judgment to the effect that if any employee works for 240 days and above during the fifth year, then that employee will also become eligible for receiving a gratuity amount. Still, without referring to that judgment, no one can advise you to file a claim case before the Controlling Authority under the Payment of Gratuity Act, 1972. Due to this hearsay, we are facing these types of expectations in the field.
Regards,
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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Sir, I am also having same problem as one of our employee has worked for 4 Yrs. 09 Months and 20 days in our organisation. Regards, Kuldeep Kaushik 09896991465
From India, Delhi
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From India, Delhi
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DearKuldeep,
Strictly according to the P G Act, 1972 the employee is not entitled to gratuity payment as he have not completed five years of service but the Hon’ble Madras HC in the case of Mettur Beard Sell Ltd Versus RLC has decided the same type of issue. It was held that any employee who completes 240 days of service in a year in the 5th year will be deemed to have continued in service for one year as stipulated by sec. 2A of the Payment of Gratuity Act. It was held that an employee who has put in his services for 10 months and 18 days for the 5 year subsequent to first 4 years should be deemed to have completed, continued service of 5 years and is entitled for gratuity. Therefore go through the judgement & discuss the matter with your management & take decision accordingly at your level.1998 LLR 1072 Mad H.C.
Regards,
R.N.Khola
From India, Delhi
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Strictly according to the P G Act, 1972 the employee is not entitled to gratuity payment as he have not completed five years of service but the Hon’ble Madras HC in the case of Mettur Beard Sell Ltd Versus RLC has decided the same type of issue. It was held that any employee who completes 240 days of service in a year in the 5th year will be deemed to have continued in service for one year as stipulated by sec. 2A of the Payment of Gratuity Act. It was held that an employee who has put in his services for 10 months and 18 days for the 5 year subsequent to first 4 years should be deemed to have completed, continued service of 5 years and is entitled for gratuity. Therefore go through the judgement & discuss the matter with your management & take decision accordingly at your level.1998 LLR 1072 Mad H.C.
Regards,
R.N.Khola
From India, Delhi
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Dear Ishmeet , If this Act is applicable to your unit then you are eligible to have gratuity payment considering service as 6 years. R.N.Khola
From India, Delhi
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From India, Delhi
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Hi, I would like to ask about the minimum number of years or days an employee needs to work to be eligible for gratuity. I have completed 4 years, 10 months, and 15 days. Am I eligible for gratuity? Some sources mention 4 years, 8 months, and 20 days, while others state 240 days after completing 4 years. Is there any documentation that supports this? I have discussed this with the company HR/Finance department, and they are saying I am not eligible despite completing 4 years, 10 months, and 15 days. Please assist urgently.
From United Kingdom, Saint Helens
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From United Kingdom, Saint Helens
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Dear Member,
Please go through the judgment of the Honorable Madras High Court and then decide whether you want to file a claim case for payment of gratuity before the Authority under the Payment of Gratuity Act in your area. You can find a copy of this judgment on similar topics appearing on the right side of this thread itself.
Regards,
R.N. Khola
Hi, I would like to ask about the minimum years or days an employee needs to be eligible for gratuity. I have completed 4 years, 10 months, and 15 days. Am I eligible for gratuity? Some sources mention 4 years 8 months and 20 days, while others say 240 days after 4 years. Is there any supporting document for this? I have discussed this with the company's HR/Finance department, and they claim I am not eligible despite completing 4 years, 10 months, and 15 days. Please help urgently.
From India, Delhi
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Please go through the judgment of the Honorable Madras High Court and then decide whether you want to file a claim case for payment of gratuity before the Authority under the Payment of Gratuity Act in your area. You can find a copy of this judgment on similar topics appearing on the right side of this thread itself.
Regards,
R.N. Khola
Hi, I would like to ask about the minimum years or days an employee needs to be eligible for gratuity. I have completed 4 years, 10 months, and 15 days. Am I eligible for gratuity? Some sources mention 4 years 8 months and 20 days, while others say 240 days after 4 years. Is there any supporting document for this? I have discussed this with the company's HR/Finance department, and they claim I am not eligible despite completing 4 years, 10 months, and 15 days. Please help urgently.
From India, Delhi
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Yes you are elegible for gratiuty for your reference pl study madras high court decision on this issue. I also attach file for your ref. Thx & regards tarun arora
From India, Chandigarh
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From India, Chandigarh
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I am working for a private firm and will be completing 4 years and 10 months. I come across various people telling me that serving 5 years is mandatory as per the Gratuity Act and any deviation needs to be settled only through court. There are citings of judgments stating that 240 days (8 months) in the 5th year are eligible for gratuity. Is this true? Or is there any other way to get my gratuity for a shortfall of 2 months?
From India, Mumbai
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From India, Mumbai
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