hi,
I have completed my service 4 years and 11 month & 18 days in a private multinational company.
kindly advice whether i eligible for gratuity. Also provide the laws and section which follows the gratuity act in my relation.
I have previously submitted the gratuity form with my company but now they are saying you are not eligible.
From India, Pune
I have completed my service 4 years and 11 month & 18 days in a private multinational company.
kindly advice whether i eligible for gratuity. Also provide the laws and section which follows the gratuity act in my relation.
I have previously submitted the gratuity form with my company but now they are saying you are not eligible.
From India, Pune
Dear All,
I am employed by a UK Company - with an appointment letter on the UK letter head - as Country Manager - India. The company still has a branch office and a private limited company ( registered in ROC, Karnataka) active. For a few months in 2005/2006; they had around 20 employees - whom they terminated and paid off. There is 1 employee in the private limited company still and I am still holding the same employment letter from the UK company.
Now the company wants to get rid of me - and i am claiming that they need to pay Gratuity to me. Company claims that for Gratuity to be paid; there need to be at least 10 employees in the company.
Can you please advice if I am eligible to claim gratuity or not?
they claim that since the location of employment is India; only Indian employment law would apply and not UK employment law.
Sincerely
Gopal
From India, Bangalore
I am employed by a UK Company - with an appointment letter on the UK letter head - as Country Manager - India. The company still has a branch office and a private limited company ( registered in ROC, Karnataka) active. For a few months in 2005/2006; they had around 20 employees - whom they terminated and paid off. There is 1 employee in the private limited company still and I am still holding the same employment letter from the UK company.
Now the company wants to get rid of me - and i am claiming that they need to pay Gratuity to me. Company claims that for Gratuity to be paid; there need to be at least 10 employees in the company.
Can you please advice if I am eligible to claim gratuity or not?
they claim that since the location of employment is India; only Indian employment law would apply and not UK employment law.
Sincerely
Gopal
From India, Bangalore
363Dear Gopal,
According to the Payment of Gratuity Act, 1972 once the Act become applicable to any establishment then it shall continue to be governed by this act even if the number of employees falls below ten at any time after its applicability. Relevant section 3(A) of this Act may be read as under.
(3A)A shop or establishment to which this Act has become applicable shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time after it has become so applicable falls below ten.
In view of the above you are eligible to have gratuity from your employer.
R.N.KHOLA
(Labour Law Consultants)
In view of the above you are eligible to have gratuity from your employer.
R.N.KHOLA
(Labour Law Consultants)
From India, Delhi
Dear Khola,
Thank you for your email. I have proof of starting EPF for the 20 staff who were there during 2005/2006. Gratuity was not paid to them at the time of terminating since no one had completed 4 years with the company.
Under this situation; is it still valid that I am eligible to get Gratuity paid even though there is only one employee?
Thank you
Gopal
From India, Bangalore
Thank you for your email. I have proof of starting EPF for the 20 staff who were there during 2005/2006. Gratuity was not paid to them at the time of terminating since no one had completed 4 years with the company.
Under this situation; is it still valid that I am eligible to get Gratuity paid even though there is only one employee?
Thank you
Gopal
From India, Bangalore
If a person has put in 240 days of continuous serice in the fifth year, he will be entitled to receive the gratuity. The Judgement of Madras High Court supports this view. Pankaj
From India, Pune
From India, Pune
I wanted to know if a person who has served in a private organization in India for 4 years and 11 months after that 1 month on notice period, whether he is eligible for gratuity or not . Is notice period considered as a term of service
From United States, New York
From United States, New York
Dear Sir I have worked in a company for 4 years and 8 Months. Please let me know about my eligibility. Is there any decision from any court. Please help Pardeep Khaneja
From India, Chennai
From India, Chennai
Sumit:
New employee who join the company, Gratuity is shown as part of his/her salary at the time of joining. CTC of an employee is shown as an increased amount.
Companies / HR should discourage such type of inflated salaries for which employee is automatically entitled . Krishan Grover
From India, Delhi
New employee who join the company, Gratuity is shown as part of his/her salary at the time of joining. CTC of an employee is shown as an increased amount.
Companies / HR should discourage such type of inflated salaries for which employee is automatically entitled . Krishan Grover
From India, Delhi
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx