Dear,
i have worked in bsnl for 5 years 3 months. I have resigned myself in july 2008. I have not received any notice regarding my gratuty from my employer. I have not claimed this till date. My question is can i claim the gratuty now ??. If yes, what is the procedure in claiming same.
Thanks
regards
From India, Vijayawada
1i have worked in bsnl for 5 years 3 months. I have resigned myself in july 2008. I have not received any notice regarding my gratuty from my employer. I have not claimed this till date. My question is can i claim the gratuty now ??. If yes, what is the procedure in claiming same.
Thanks
regards
From India, Vijayawada
Dear Kanaka Rao,
The Payment of Gratuity Act,1972 does not specify any time limit for filling the claim of gratuity.However, the Payment of Gratuity (Central) Rules,1972 stipulates that an application for the delayed cases can be submitted to the employer by the applicant personally or by sending the application through registered post acknowledgement due.The relevant rules reads as under:-
Rule 7(5)- An application for payment of gratuity filed after the expiry of the periods specified in this rule shall also be entertained by the employer, if the applicant adduces sufficient cause for the delay in preferring his claim, and no claim for gratuity under the Act shall be invalid merely because the claimant failed to present his application within the specified period. Any dispute in this regard shall be referred to the Controlling authority for his decision. As such in the first instance you need to approach to the Establishment Head. If he refuses or disputes the claim, then you have to the file an application before the the concern Controlling authority.
I have quoted the Central rules above, you need to find out the gratuity rules prescribed under the state in respect of which you have raised the query. you have mention in your mail that you have worked in bsnl. Is the abbreviated word stands for Bharat Sanchar Nigam Limited or it is something else? If it stand for Bharat Sanchar Nigam Limited, please check whether they have created any separate Gratuity Trust for their employees. In that case you have to find whether you are covered under The Payment of Gratuity Act,1972 or under company's Trust.
BS Kalsi
Member since Aug 2011
From India, Mumbai
The Payment of Gratuity Act,1972 does not specify any time limit for filling the claim of gratuity.However, the Payment of Gratuity (Central) Rules,1972 stipulates that an application for the delayed cases can be submitted to the employer by the applicant personally or by sending the application through registered post acknowledgement due.The relevant rules reads as under:-
Rule 7(5)- An application for payment of gratuity filed after the expiry of the periods specified in this rule shall also be entertained by the employer, if the applicant adduces sufficient cause for the delay in preferring his claim, and no claim for gratuity under the Act shall be invalid merely because the claimant failed to present his application within the specified period. Any dispute in this regard shall be referred to the Controlling authority for his decision. As such in the first instance you need to approach to the Establishment Head. If he refuses or disputes the claim, then you have to the file an application before the the concern Controlling authority.
I have quoted the Central rules above, you need to find out the gratuity rules prescribed under the state in respect of which you have raised the query. you have mention in your mail that you have worked in bsnl. Is the abbreviated word stands for Bharat Sanchar Nigam Limited or it is something else? If it stand for Bharat Sanchar Nigam Limited, please check whether they have created any separate Gratuity Trust for their employees. In that case you have to find whether you are covered under The Payment of Gratuity Act,1972 or under company's Trust.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Dear Pooja,
I could not understand in what/which context you have given the reply.Whether it was for advertising purpose?You have given common narration of the Act, which everybody knows.As a Consulting house, we expected something new & revealing information on payment of gratuity.
Regards,
BS Kalsi
Member since Aug 2011
From India, Mumbai
I could not understand in what/which context you have given the reply.Whether it was for advertising purpose?You have given common narration of the Act, which everybody knows.As a Consulting house, we expected something new & revealing information on payment of gratuity.
Regards,
BS Kalsi
Member since Aug 2011
From India, Mumbai
Dear BS Kalsi,
Thank you very much for your reply. I have worked in Bharat sanchar nigam limited and it following Payment of Gratuity Act,1972 only. Thank you very much once again...
Regards,
Kanaka rao
From India, Vijayawada
Thank you very much for your reply. I have worked in Bharat sanchar nigam limited and it following Payment of Gratuity Act,1972 only. Thank you very much once again...
Regards,
Kanaka rao
From India, Vijayawada
Hi , I have doubt in Gratuity, How to calculate the gratuity amount in factories, So please clarify my doubts
From United States, Huntsville
From United States, Huntsville
Hi, What is the payroll, How the payroll process in industrial (or) IT companies, Kindly clear my doubts
From United States, Huntsville
From United States, Huntsville
Terminated Employees are also eligible to claim Gratuity from the Organization? please clarify.
From India, Hyderabad
From India, Hyderabad
Respected seniors,
Please clarify, Is it compulsory to complete 240 days of service in all the five years. Most of the companies takes 5 years as a financial years i.e. April to March? if a person joins after April, He may not complete 240 days in his first financial year, it would mean he would not be able to get gratuity for that first year, but completed four years and 240 days in accordance to the judgment of Honorable Madras High Court.
One who has not completed 240 days in some of year/years, but completed five years of service, would be entitle gratuity for five years or only for the years for which he has completed 240 days.
From India, Chandigarh
Please clarify, Is it compulsory to complete 240 days of service in all the five years. Most of the companies takes 5 years as a financial years i.e. April to March? if a person joins after April, He may not complete 240 days in his first financial year, it would mean he would not be able to get gratuity for that first year, but completed four years and 240 days in accordance to the judgment of Honorable Madras High Court.
One who has not completed 240 days in some of year/years, but completed five years of service, would be entitle gratuity for five years or only for the years for which he has completed 240 days.
From India, Chandigarh
Dear All Respected HR Professional,
I am seeing here all the professional are taking things on there EGO and thinking Lets cut benefit of Employee.
If law is little tricky whether gratuity can be claimed at 4 years and 240 days or after complete 5 years. let take advantage to Employee.
In such fast moving world if an employee leaves organization after 4 yrs 240 says, what is harm to give Him benefit... His family will be happy and give all good best wishes to all of you HR personnel. even most of the companies buying policy from LIC for gratuity.
Lets Think about Employee those work hard for companies.. lakhs and two lakhs will hardly matter for a company where promoters travel with luxury business class.
Lets change your Attitude dear HR. Lets make a better word.
Regards
From India, Delhi
I am seeing here all the professional are taking things on there EGO and thinking Lets cut benefit of Employee.
If law is little tricky whether gratuity can be claimed at 4 years and 240 days or after complete 5 years. let take advantage to Employee.
In such fast moving world if an employee leaves organization after 4 yrs 240 says, what is harm to give Him benefit... His family will be happy and give all good best wishes to all of you HR personnel. even most of the companies buying policy from LIC for gratuity.
Lets Think about Employee those work hard for companies.. lakhs and two lakhs will hardly matter for a company where promoters travel with luxury business class.
Lets change your Attitude dear HR. Lets make a better word.
Regards
From India, Delhi
Hi,
I am from delhi and working in delhi only. I joined my organization as per salary slip is 10-01-2018 and my notice period is getting over on 23-10-2022.
I have seen so many post but not getting final answer as few people considering 52 days as week offs in a year while calculating 240 days in last year, while some are just saying if its more that 8 months in last year then you are eligible. As per my current company they said I am not eligible and should complete 10 months to get gratutiy.
Now based on my joining and relieving date, can someone pls let me if I am really eligible for a gratuity or not. And in case I am short by few days then how many days should i need to extend my notice period
From India, Delhi
I am from delhi and working in delhi only. I joined my organization as per salary slip is 10-01-2018 and my notice period is getting over on 23-10-2022.
I have seen so many post but not getting final answer as few people considering 52 days as week offs in a year while calculating 240 days in last year, while some are just saying if its more that 8 months in last year then you are eligible. As per my current company they said I am not eligible and should complete 10 months to get gratutiy.
Now based on my joining and relieving date, can someone pls let me if I am really eligible for a gratuity or not. And in case I am short by few days then how many days should i need to extend my notice period
From India, Delhi
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