Dear all,
Greetings,
Please advise that if a person is been terminated before 05 yrs., will he be entitled to gratuity as he could not complete the 05 yrs. tenure due to the termination by the co.
Rgds,
Jyoti Negi
From India, Delhi
2Greetings,
Please advise that if a person is been terminated before 05 yrs., will he be entitled to gratuity as he could not complete the 05 yrs. tenure due to the termination by the co.
Rgds,
Jyoti Negi
From India, Delhi
dear madam
gratuity act says that person has to work continuously 5 years and has to complete 240 days continuously every year.if has not not complected 5 years and complected 240 days every year then he is not eligible for gratuity even though his services terminated.
From United States, New York
gratuity act says that person has to work continuously 5 years and has to complete 240 days continuously every year.if has not not complected 5 years and complected 240 days every year then he is not eligible for gratuity even though his services terminated.
From United States, New York
Dear madam
gratuity act says that person has to work continuously 5 years and has to complete 240 days continuously every year.if has not not complected 5 years and complected 240 days every year then he is not eligible for gratuity even though his services terminated.
From United States, New York
gratuity act says that person has to work continuously 5 years and has to complete 240 days continuously every year.if has not not complected 5 years and complected 240 days every year then he is not eligible for gratuity even though his services terminated.
From United States, New York
Dear Jyothi,
Though the Payment of Gratuity Act says that an employee becomes eligible for gratuity only if he completes five years of continuous service, there are judgements allowing gratuity to employees who have completed four years and 240 days in the fifth year. If your employee has completed four years and 240 days in the fifth year, he can claim gratuity.
Continuous service for the purpose of gratuity means a total working days of 240 days in a period of 12 months in the case of employees above the ground and 190 days in a period of 12 months in the case of employees bellow the ground (mines)
Regards,
Madhu.T.K
From India, Kannur
Though the Payment of Gratuity Act says that an employee becomes eligible for gratuity only if he completes five years of continuous service, there are judgements allowing gratuity to employees who have completed four years and 240 days in the fifth year. If your employee has completed four years and 240 days in the fifth year, he can claim gratuity.
Continuous service for the purpose of gratuity means a total working days of 240 days in a period of 12 months in the case of employees above the ground and 190 days in a period of 12 months in the case of employees bellow the ground (mines)
Regards,
Madhu.T.K
From India, Kannur
Dear Jyoti,
I am completely agree with Mr. Madhu.T.K, According to your posted question, he can claim gratuity. because Company Terminate their employee. Please check that he have present 240 days in a period of 12 months & same repeat continue four year.
Amit Sharma
Asst. Manager
HR & Compliance
-----------------
Ph: 09729355041
From India, Delhi
I am completely agree with Mr. Madhu.T.K, According to your posted question, he can claim gratuity. because Company Terminate their employee. Please check that he have present 240 days in a period of 12 months & same repeat continue four year.
Amit Sharma
Asst. Manager
HR & Compliance
-----------------
Ph: 09729355041
From India, Delhi
Dear Mr Madhu Will you pls give us the judgement details, allowing gratuity to employees who have completed four years and 240 days in the fifth year. It would be quite elaborative. Regards Suresh
From India, Hyderabad
From India, Hyderabad
Hi Please check whether this person has completed 240 days in the 5th year or not. He is eligible for gratuity for 5 years, if he has completed 240 days of service in the 5th year. Srinivas
From Germany
From Germany
Hi, if the employee didn’t completed the five years of the service he is not entitle for the payment of gratuity. thanks & regards sumit kumar saxena, 9899669071, 0120-4131277
From India, Ghaziabad
From India, Ghaziabad
Please find the judgement attached.
The gratuity is calculated on the basis of number of years of service and it will be equal to 15 days salary (Basic + DA) last drawn for every completed year of service. If there is a fraction of year of more than six months, the same same shall be treated as one year and any fraction less than six moths shall be ignored. For determining daily average of salary monthly salary shall be divided by 26. The maximum gratuity payable as per the Payment of Gratuity Act is Rs 3, 50,000. This limit is under revision.
Regards,
Madhu.T.K
From India, Kannur
The gratuity is calculated on the basis of number of years of service and it will be equal to 15 days salary (Basic + DA) last drawn for every completed year of service. If there is a fraction of year of more than six months, the same same shall be treated as one year and any fraction less than six moths shall be ignored. For determining daily average of salary monthly salary shall be divided by 26. The maximum gratuity payable as per the Payment of Gratuity Act is Rs 3, 50,000. This limit is under revision.
Regards,
Madhu.T.K
From India, Kannur
It is Basic Pay + DA.
Example:
Basic pay: 5000
DA : 2000
---------------
Total : 7000
---------------
Length of Service: 7 years
The formula is last Drawn Wages/26*15*years of service.
In the above example, Gratuity will be calculated as under:
7000/26*15*7 = Rs.28, 269/-.
The maximum limit for payment of Gratuity is fixed at Rs.3.5 lacs.
Hope this answers you query.
Cheers!!!
Vasant Nair
From India, Mumbai
Example:
Basic pay: 5000
DA : 2000
---------------
Total : 7000
---------------
Length of Service: 7 years
The formula is last Drawn Wages/26*15*years of service.
In the above example, Gratuity will be calculated as under:
7000/26*15*7 = Rs.28, 269/-.
The maximum limit for payment of Gratuity is fixed at Rs.3.5 lacs.
Hope this answers you query.
Cheers!!!
Vasant Nair
From India, Mumbai
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