Yes you are eligible for gratuity please see the Madras High Court Decision 1998 LLR1072 (W.P. No. 2135 of 1987)
From India, Alwar
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From India, Alwar
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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
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6From India, Chennai
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Dear Mr. Harpreet Walia,
Hon'ble Madras High Court verdict in respect of entitlement of gratuity before completion of five years is not applicable to the 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 experts in HR/IR/Legal.
With this fact, the discussion on this matter should come to a logical closure for the HR fraternity.
Regards,
Anil Sharma
From India, Pune
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Hon'ble Madras High Court verdict in respect of entitlement of gratuity before completion of five years is not applicable to the 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 experts in HR/IR/Legal.
With this fact, the discussion on this matter should come to a logical closure for the HR fraternity.
Regards,
Anil Sharma
From India, Pune
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Dear All,
My wife has been employed with CTS since August 2, 2010. She has been on maternity leave since March 12, 2014, receiving payment until August 2014. She is expected to return to work on May 20, 2015. I would like to inquire about her eligibility for gratuity. Could you please advise on how long she needs to serve to qualify for gratuity based on her basic salary of 15,000? Additionally, I would appreciate it if you could provide information on the expected gratuity amount.
Looking forward to hearing from you with further details.
Thank you,
Guru
From India, Bangalore
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My wife has been employed with CTS since August 2, 2010. She has been on maternity leave since March 12, 2014, receiving payment until August 2014. She is expected to return to work on May 20, 2015. I would like to inquire about her eligibility for gratuity. Could you please advise on how long she needs to serve to qualify for gratuity based on her basic salary of 15,000? Additionally, I would appreciate it if you could provide information on the expected gratuity amount.
Looking forward to hearing from you with further details.
Thank you,
Guru
From India, Bangalore
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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
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From India
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Hi Manan,
Unfortunately, you are not eligible for Gratuity. The primary eligibility requirement to receive Gratuity is to complete 5 years of service; even if you have worked for 4 years, 11 months, and 15 days, you would not qualify. The calculation of 240 days is only considered after completing a full 5 years. For example, if you have worked for 5 years and 7 months, it would be considered as 6 years.
Regards,
Saravanan
From India, Tiruppur
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Unfortunately, you are not eligible for Gratuity. The primary eligibility requirement to receive Gratuity is to complete 5 years of service; even if you have worked for 4 years, 11 months, and 15 days, you would not qualify. The calculation of 240 days is only considered after completing a full 5 years. For example, if you have worked for 5 years and 7 months, it would be considered as 6 years.
Regards,
Saravanan
From India, Tiruppur
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Hi Guru,
Your Mrs. has to work until 01/08/2015, the end of working hours. Maternity leave is to be considered in Gratuity calculations. She will receive the following calculation: 1500/26 x 15 x 5 = 43269.23. I trust your doubts have been cleared.
Thank you.
From India, Tiruppur
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Your Mrs. has to work until 01/08/2015, the end of working hours. Maternity leave is to be considered in Gratuity calculations. She will receive the following calculation: 1500/26 x 15 x 5 = 43269.23. I trust your doubts have been cleared.
Thank you.
From India, Tiruppur
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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
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From India, Tiruppur
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Hello SaroHRD,
Thank you for the clarification. I still need a few more details:
1. Maternity Leave: The company has provided 3 months of paid leave followed by 9 months of Loss of Pay. In this scenario, is the employee eligible for Gratuity by August 1, 2015?
2. 1500/26 x 15 x 5 = 43269.23. Could you please explain how this calculation was done?
Thank you for your time and understanding.
Guru
From India, Bangalore
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Thank you for the clarification. I still need a few more details:
1. Maternity Leave: The company has provided 3 months of paid leave followed by 9 months of Loss of Pay. In this scenario, is the employee eligible for Gratuity by August 1, 2015?
2. 1500/26 x 15 x 5 = 43269.23. Could you please explain how this calculation was done?
Thank you for your time and understanding.
Guru
From India, Bangalore
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Hi Guru,
The 84 days of maternity leave will be considered, but the 9-month Loss of Pay (LOP) will not normally be considered.
The gratuity calculation as per the act is as follows:
- For daily wage workers: Per day wages x 15 days x Number of years worked.
- For monthly salary workers: Monthly salary / 26 days.
I hope this helps clarify the calculation process for you. Let me know if you need any further assistance.
From India, Tiruppur
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The 84 days of maternity leave will be considered, but the 9-month Loss of Pay (LOP) will not normally be considered.
The gratuity calculation as per the act is as follows:
- For daily wage workers: Per day wages x 15 days x Number of years worked.
- For monthly salary workers: Monthly salary / 26 days.
I hope this helps clarify the calculation process for you. Let me know if you need any further assistance.
From India, Tiruppur
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx