Hi np
Your eligible for grautity as you have completed 5 years of continuous service in the organisation which included your probation period.
15days average wages will be paid for every completed year of service till u work in the organisation.
Prasadyadav
From India, Vijayawada
Your eligible for grautity as you have completed 5 years of continuous service in the organisation which included your probation period.
15days average wages will be paid for every completed year of service till u work in the organisation.
Prasadyadav
From India, Vijayawada
you will be eligible for the gratuitythe total amount eill be last drawn salary into15 divided by26 into number of years you serviced .If your mangement fail to settle the gratuity you can file assistant commissioner of labour (ACL)
From India, Selam
From India, Selam
The amount of gratuity payable to an employee shall not exceed three lakhs and fifty thousand rupees. Regards, Amit Seth.
From India, Ahmadabad
496From India, Ahmadabad
Gratuity is "payable" once you complete continuous employment of five years ? What does it mean? Can the employee make a claim of gratuity once he completes five years of employment ?
As per Section 4 of Payment of Gratuity Act 1972, "Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years on (1) superannuation, (ii) on his retirement or resignation (iii) on his death or disablement due to accident or disease".
Learned Member, pl use the right terminology while quoting legal terms.
From India, Madras
As per Section 4 of Payment of Gratuity Act 1972, "Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years on (1) superannuation, (ii) on his retirement or resignation (iii) on his death or disablement due to accident or disease".
Learned Member, pl use the right terminology while quoting legal terms.
From India, Madras
In the previous post, you have mentioned that " gratuity is payable once you complete continuous employment of 5 years .....". Pl read the following lines posted by you.
Re: About Gratuity
Gratuity is payable once you complete continuous employment of 5 years in a Co. The period of 5 years includes probationary period also.
Incidently when one gets confirmed after successful completio of probationary period, oit implies confirmation from the date of joining.
Best Wishes,
Vasant Nair
From India, Madras
Re: About Gratuity
Gratuity is payable once you complete continuous employment of 5 years in a Co. The period of 5 years includes probationary period also.
Incidently when one gets confirmed after successful completio of probationary period, oit implies confirmation from the date of joining.
Best Wishes,
Vasant Nair
From India, Madras
I was working with Central Government (CG) as a Technical Assistant, after completion of my degree I applied for the post in PSU through proper channel (with NOC) and I was selected. So I resigned CG job and joined PSU. At the time leaving CG, I was told by Admn Officer, PF will be transferred to the PSU and all terminal benefits like service gratuity, retirement gratuity, EL will be paid to the employee directly.
After joining the PSU, I wrote a letter to the CG through PSU which are transferrable and which are not transferrable. But PSU had agreed for the transfer of all benefits like PF, gratuity, EL. But gratuity, EL should not be transferred as per rules of central government.
Finally CG transferred PF and EL to the PSU. After nine months of service in PSU I resigned. I was in PSU when PF and EL were transferred, but service gratuity, retirement gratuity are pending. I made many requests to the CG for settlement of gratuity. After two and half years they opened my file and sent a letter to me stating that I would have got gratuity if I had been in service with PSU. But I was in service when PF and EL were transferred.
They paid EL based on 5th pay commission. Shall I get arrears for that as per 6th pay commission?
Am I eligible for service as well as retirement gratuity (as per swamy’s book)?
Can you please clarify whether I will get gratuity and its interest for the three years and can you explain me rules and regulations?
From India, Tiruchchirappalli
After joining the PSU, I wrote a letter to the CG through PSU which are transferrable and which are not transferrable. But PSU had agreed for the transfer of all benefits like PF, gratuity, EL. But gratuity, EL should not be transferred as per rules of central government.
Finally CG transferred PF and EL to the PSU. After nine months of service in PSU I resigned. I was in PSU when PF and EL were transferred, but service gratuity, retirement gratuity are pending. I made many requests to the CG for settlement of gratuity. After two and half years they opened my file and sent a letter to me stating that I would have got gratuity if I had been in service with PSU. But I was in service when PF and EL were transferred.
They paid EL based on 5th pay commission. Shall I get arrears for that as per 6th pay commission?
Am I eligible for service as well as retirement gratuity (as per swamy’s book)?
Can you please clarify whether I will get gratuity and its interest for the three years and can you explain me rules and regulations?
From India, Tiruchchirappalli
allmost all the employers are interpreted the meaning of the probtion where they extented the period for confirmation .As per industrialdispute act 1947 all employees are comes underthe perview of the workemen even trainees,dailywages,etc so for the purpose of graudity calculation date of joing is correct
From India, Selam
From India, Selam
For GOD’s sake please do NOT make such childish comments. Where did you get the "TWO YEAR" eligibility criterion.? Read Act and get the right answer. Vasant Nair
From India, Mumbai
From India, Mumbai
Dear Neha,
Please understand that entitlement for Gratuity is governed by the provisions of Payment of Gratuity Act,1972.
Whether your Appointment Letter contains "Payment of Gratuity" clause or not is immaterial. You are entitled to receive Gratuity once you complete the eligibility criteria stated in the Act.
Gratuity is payable to an employee when he leaves the organization for whatever reasons, after completing 5 years of continuous employment. It is not essential that the employee has to work until retirement or has to wait to die to be entitled to payment of Gratuity.
The 5 year eligibility clause does not apply in cases of death. Upon death Gratuity is payable even if the employee has NOT completed 5 years of continuous employment in the Co. An employee is eligible even if he has worked only for six months.
Provisions of law will always supercede any stipulations contained in any Office Order, Rule or Appointment letter etc...issued by the Company.
Trust it is clear to you now.
If there are still any doubts which continue to bother you, you are most welcome to contact me on my Mobile: 9717726667 or on my ID:
Best Wishes
Vasant Nair
From India, Mumbai
Please understand that entitlement for Gratuity is governed by the provisions of Payment of Gratuity Act,1972.
Whether your Appointment Letter contains "Payment of Gratuity" clause or not is immaterial. You are entitled to receive Gratuity once you complete the eligibility criteria stated in the Act.
Gratuity is payable to an employee when he leaves the organization for whatever reasons, after completing 5 years of continuous employment. It is not essential that the employee has to work until retirement or has to wait to die to be entitled to payment of Gratuity.
The 5 year eligibility clause does not apply in cases of death. Upon death Gratuity is payable even if the employee has NOT completed 5 years of continuous employment in the Co. An employee is eligible even if he has worked only for six months.
Provisions of law will always supercede any stipulations contained in any Office Order, Rule or Appointment letter etc...issued by the Company.
Trust it is clear to you now.
If there are still any doubts which continue to bother you, you are most welcome to contact me on my Mobile: 9717726667 or on my ID:
Best Wishes
Vasant Nair
From India, Mumbai
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