Dear Seniors,
Good to all.
I have a doubt in Gratuity act one who is working 4 year 10 months continuous service weather he is eligible for Gratuity or not? As per gratuity act continious service of 5 years is eligible for getting benefit .Please clarify it most urgent.
Regards
P.Satheesraja.

From India, Coimbatore
Dear SatheesRaja,
Gratuty is eligible to an employee who has completed 5 yrs of service. But there is an exception. If the employee has completed 4yrs and 6 months, then he is gain eligible for gratutity. So the above mentioned person is eligible for gratuity.
PS: Giving gratuity is sole interest of the employer. So if there is any disciplinary action aken against you, the company shall still with hold your gratuity amount.
Regards,
Yashwanth R
HR-Associate,
SKY technologies

From India, Bangalore
I have been in such situation in past and my company paid gratuity to me on the basis that 4 years and 7+ months of continuos service is considered as 5 years service as per the gratuity law. ravi
From India, Jaipur
If the employee is in TN then he is eligible for gratuity. VARGHESE MATHEW
From India, Thiruvananthapuram
Anonymous
12

dear Satheesraja garu...
up to my knowledge,,, i sure that it is not a matter of 4 years 10 months... its a matter of whether a person completes 4 years and 240 days.. continuous service.. once u check that r u complete that 240 days.. if u did definitely u will get... no need to worry also.. it is employer duty and responsibility to hand over ur gratuity. AT LAST IF U WONT GET...... THEN U WILL APPEAL TO APPROPRIATE GOVERNMENT INFORM (T). IT SEND SHOW CAUSE NOTICE TO EMPLOYER.. EVEN HE IS NOT GIVING THEN IT SEND NOTICE TO DISTRICT COLLECTOR FOR RECOVERY OF GRATUITY WITH INTEREST LIKE LAND REVENUE..
RULE :1 Employer have to pay within 30 days from the of date employee is eligible to get
RULE: 2 The ceiling amount is 10 lacks..
THANKS &REGARDS:
MADHAVI

From India, Visakhapatnam
If the person has completed 4 years and 240 days. He is eligible for gratuity. Govind Pawar Assit. Manager - IR Godrej & Boyce Mfg Co Ltd
From India, Mumbai
An employee who worked for a period of 4 years and more than 240 days in 5th year, he is eligible for the gratuity.
From India, Hyderabad
Is it necessary to make gratuity insured?? If so, which section or rule. Please guide for further action. Regards Govind Pawar
From India, Mumbai
Gratuity is not liable to be insured.
Only because of a disciplinary action gratuity cannot be withheld.
It can be forfeited /reduced only if an employee is terminated for misconducts specified in sec 4(6) of POG Act.
Varghese Mathew

From India, Thiruvananthapuram
Dear Seniors,
I want to know about Gratuity applicability. For Example If an employee worked in a company for a period of 4 Years + 11 Months on contract basis ( 7 Months through X Contractor and 4 years + 4 Month Through Y Contractor). Now, kindly clarify that he is eligible to claim Gratuity or not.
Thanks
SSB

From India, Chandigarh
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