Dear Member
It is the call of the organization to pay you gratuity after you complete 4 years 8 months and 16 days as there is no amendment in the act and as far as my knowledge goes there is no judgement in your support from the Supreme Court in this matter.
You can take shelter of the Madras high court decision but you will have to fight it out in the court of law to get your gratuity if the company sticks to the thresh hold of 5 years.
Regards
Preetam Deshpande
From India, Mumbai
130It is the call of the organization to pay you gratuity after you complete 4 years 8 months and 16 days as there is no amendment in the act and as far as my knowledge goes there is no judgement in your support from the Supreme Court in this matter.
You can take shelter of the Madras high court decision but you will have to fight it out in the court of law to get your gratuity if the company sticks to the thresh hold of 5 years.
Regards
Preetam Deshpande
From India, Mumbai
[QUOTE=smdave;1993349]i have worked in a gujarat state govt company as a contract employee continuous for 3 years and 3 months without any single break in service. I joined on 09/06/2009 and relieved on 08/11/2012. As I know generally 5 years service is to be completed for claiming graduity? whether i am eligible for gratuity? if yes, how much? My coontract is not renewed only because of commencing code of conduct after election company may call me again? if i join again whether services done by me in past will be calculated for claiming graduity?
From India, Surat
From India, Surat
I am working in a company for more than 5 years. I have completed 3 years in main co. And 2 years in group company. Till date gratuity is not given to me.
Can i am eligible for gratuity.
Pls clarify with recent judgements.
From India, Chennai
Can i am eligible for gratuity.
Pls clarify with recent judgements.
From India, Chennai
Even though it is been relied on the madras high court judgement, the bare act concerned the payment of gratuity does not speak about no of days worked in a year as criteria for eligibiliy. It shows only completion of 5 years of service. So, i think all the interpretations based on judments will be taken into account only after you are not paid by your company. Hence i am of the opinion that the 5 years service means, 5 full years, with out any consideration of no of days.
From India, Salem
From India, Salem
Dear Anoop,
As per law minimum eligibility criteria in complete 5 years of service, therafter 5 years 6 Month and feq days will make you eliglible for 6th year Gratuity.
Yes but for eligibility for the 1st time it should be complete 5 years of Service, Refer Gratuity Act for more details.
As per law minimum eligibility criteria in complete 5 years of service, therafter 5 years 6 Month and feq days will make you eliglible for 6th year Gratuity.
Yes but for eligibility for the 1st time it should be complete 5 years of Service, Refer Gratuity Act for more details.
Dear Aroop,
If you are retrenched from your company on the said date, you are eligible for gratuity, as per section 25F of ID Act, 1947. If you are resigning from the organisation, you may have to complete five years of service to become eligible for the payment of gratuity, i.e., 15.04.2013, you will be eligible for gratuity.
As regards to calculation of gratuity, Gratuity = Monthly wage (Basic +DA) / 26 x 15 days x No. of completed years of service.
Hope this will clarify your doubts.
P. Vathiraj
From India
If you are retrenched from your company on the said date, you are eligible for gratuity, as per section 25F of ID Act, 1947. If you are resigning from the organisation, you may have to complete five years of service to become eligible for the payment of gratuity, i.e., 15.04.2013, you will be eligible for gratuity.
As regards to calculation of gratuity, Gratuity = Monthly wage (Basic +DA) / 26 x 15 days x No. of completed years of service.
Hope this will clarify your doubts.
P. Vathiraj
From India
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc