Yes you are eligible for gratuity please see the Madras High Court Decision 1998 LLR1072 (W.P. No. 2135 of 1987)
From India, Alwar
From India, Alwar
4 yrs and 240 days means 240 working days . As we all will have 240 working days in a year. Hence total 5 yrs.
From India, Chennai
6From India, Chennai
Dear Mr. Harpreet Walia,
Hon'ble Madras High Court verdict in respect of entitlement of gratuity before completion of five is not applicable to rest of the states .It is applicable only within the jurisdiction of Madras HC . So what Mr. Korgaonkar has said on this forum is cent per cent correct . This has been validated by leading other experts in HR/ IR/ Legal.
With this fact the discussion on this matter should come to logical closure for HR fraternity .
Regards,
Anil Sharma
From India, Pune
Hon'ble Madras High Court verdict in respect of entitlement of gratuity before completion of five is not applicable to rest of the states .It is applicable only within the jurisdiction of Madras HC . So what Mr. Korgaonkar has said on this forum is cent per cent correct . This has been validated by leading other experts in HR/ IR/ Legal.
With this fact the discussion on this matter should come to logical closure for HR fraternity .
Regards,
Anil Sharma
From India, Pune
Dear All,
My wife is employed with CTS since August 02, 2010. She is under Maternity leave since 12, March 2014. She was getting paid until August 2014. She has to join back to company from May 20th 2015. In her case, could you please let me know when she will be eligible to get the Gratuity ( how long she has to serve to get the Gratuity). Her basic is 15000 and how much she will get as gratuity ?
Please let me know for further details.
Thanks
Guru
From India, Bangalore
My wife is employed with CTS since August 02, 2010. She is under Maternity leave since 12, March 2014. She was getting paid until August 2014. She has to join back to company from May 20th 2015. In her case, could you please let me know when she will be eligible to get the Gratuity ( how long she has to serve to get the Gratuity). Her basic is 15000 and how much she will get as gratuity ?
Please let me know for further details.
Thanks
Guru
From India, Bangalore
hi, if company doesn’t provide any gratuity even though if we complete more than 5years . what shall we do . Company doesn’t have a gratuity policy then what happens
From India
From India
Hi Manan,....
Definitely you are not eligible for Gratuity... The primary eligibility to get Gratuity is to complete 5 years even it 4 years 11 months and 15 days also not eligible. The 240 days calculation is considered for only after completion of 5 years. Eg. if you worked 5 years and 7 months, then it could be consider as 6 years.
Regards
Saravanan
From India, Tiruppur
Definitely you are not eligible for Gratuity... The primary eligibility to get Gratuity is to complete 5 years even it 4 years 11 months and 15 days also not eligible. The 240 days calculation is considered for only after completion of 5 years. Eg. if you worked 5 years and 7 months, then it could be consider as 6 years.
Regards
Saravanan
From India, Tiruppur
Hi Guru.....
Your Mrs. has to work till 01/08/2015 end of working hours. Maternity leave is to be Gratuity calculations.
She will get as per the following calculations.
1500/26 x 15 x 5 = 43269.23.
Trust your doubt is cleared
From India, Tiruppur
Your Mrs. has to work till 01/08/2015 end of working hours. Maternity leave is to be Gratuity calculations.
She will get as per the following calculations.
1500/26 x 15 x 5 = 43269.23.
Trust your doubt is cleared
From India, Tiruppur
Hi Loveden, No doubt.... you can approach the Industrial tribunal in the jurisdiction. It is void whether the Employer having Insurance poly for Gratuity.
From India, Tiruppur
From India, Tiruppur
Hello SaroHRD,
Thanks for the clarification. I still need few more
1. Maternity Leave: Company has given 3 months paid leave + 9 Month Loss of Pay. In this case also she is eligible for Gratuity by Aug 01, 2015?
2. 1500/26 x 15 x 5 = 43269.23.
How this calculation made?
Thanks for your time and understanding.
Guru
From India, Bangalore
Thanks for the clarification. I still need few more
1. Maternity Leave: Company has given 3 months paid leave + 9 Month Loss of Pay. In this case also she is eligible for Gratuity by Aug 01, 2015?
2. 1500/26 x 15 x 5 = 43269.23.
How this calculation made?
Thanks for your time and understanding.
Guru
From India, Bangalore
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx