Hi,
Pls Advice...
I have been in regular service for 4 Yr 11 Months and 17days on the payroll of the company.
( For Example :- My DOJ was 26 Nov 2005 & my Last working day would be 13 Nov 2010 )
Will i be eligible for the Gratuity ???
From India, Delhi
Pls Advice...
I have been in regular service for 4 Yr 11 Months and 17days on the payroll of the company.
( For Example :- My DOJ was 26 Nov 2005 & my Last working day would be 13 Nov 2010 )
Will i be eligible for the Gratuity ???
From India, Delhi
Dear Member,
Put your claim before the employer if P G Act, 1972 is applicable to the establishment where you are working & if denied then you can fight for claim utilizing the Judgement of the Hon'ble Madras High Court. Strictly according to the Act one need five years of continuous service. This is the only ruling which support such like cases & thereafter it depends upon the Controlling Authority Under this Act how he take up / consider the matter.
Regards,
R.N.Khola
From India, Delhi
363Put your claim before the employer if P G Act, 1972 is applicable to the establishment where you are working & if denied then you can fight for claim utilizing the Judgement of the Hon'ble Madras High Court. Strictly according to the Act one need five years of continuous service. This is the only ruling which support such like cases & thereafter it depends upon the Controlling Authority Under this Act how he take up / consider the matter.
Regards,
R.N.Khola
From India, Delhi
Dear Elamita
Pl note that one should work for not less than 5 years continuous service to get gratuity. While calculating one year service the employee should work for not less than 240 days which shall include holidays and leaves availed etc. In your case, you did not give any information with regard to actual working days of each year. If you work for more than 240 days for 5 years continuously then only you will get bonus. Accordingl to you, you have worked for 4 years and in 5th year you worked for only 11 months 17 days. If your working days are not less than 240 days in every year for continuously then only you will get your gratuity.
Regards
NVRao
Hyderabad
From India, Hyderabad
Pl note that one should work for not less than 5 years continuous service to get gratuity. While calculating one year service the employee should work for not less than 240 days which shall include holidays and leaves availed etc. In your case, you did not give any information with regard to actual working days of each year. If you work for more than 240 days for 5 years continuously then only you will get bonus. Accordingl to you, you have worked for 4 years and in 5th year you worked for only 11 months 17 days. If your working days are not less than 240 days in every year for continuously then only you will get your gratuity.
Regards
NVRao
Hyderabad
From India, Hyderabad
Just to elobrate :-
My DOJ :- 26 Nov 2005
Resignation Date :- 30 Sep 2010
I am serving a notice period of 45 Days .i.e till 13 Nov 2010 vis a vis as per the company agreement i am suppose to spend 90 Days.
In my notice period they are adjusting 20 accumalted Leaves earned by me and rest will be buy out by my New Employer will it help, Because including this i will complete 5 Yrs of Service.
Pls Advice
From India, Delhi
My DOJ :- 26 Nov 2005
Resignation Date :- 30 Sep 2010
I am serving a notice period of 45 Days .i.e till 13 Nov 2010 vis a vis as per the company agreement i am suppose to spend 90 Days.
In my notice period they are adjusting 20 accumalted Leaves earned by me and rest will be buy out by my New Employer will it help, Because including this i will complete 5 Yrs of Service.
Pls Advice
From India, Delhi
I am agreed with Mr.khola that if somebody completed 4 years + 240 days (service period as Payment of Gratuity Act), then he/she is eligible to get Gratuity as per 1 or 2 judgments. Unfortunately, no employer accepts the abovesaid until & unless somebody go for litigation (not suggested as a good & fair employee (professional)).
However, I would suggest you to apply to your employer through Form no. I (specified in PG ACT) & see what happens.
Regards
amit dhiman
From India, New Delhi
However, I would suggest you to apply to your employer through Form no. I (specified in PG ACT) & see what happens.
Regards
amit dhiman
From India, New Delhi
If you are in continews services than don't worry. Lets complet 5 years of continews services than as per act you will be entitle. If your employee removed you from job, than you can approch to the Commissioner stating that you have been removed from job do to another reason but main reson is that your employer dont want to pay a gratuity. This make your claim more stronger & you may be entitle for gratuity.
The Payment of Gratutity act state that there should be 5 years continews service or 6 months there of. It mean that if for 5years there is any less month require than also you are entitle it should be calculate on 5 years.
From India, Pune
The Payment of Gratutity act state that there should be 5 years continews service or 6 months there of. It mean that if for 5years there is any less month require than also you are entitle it should be calculate on 5 years.
From India, Pune
If you have completed 240 days of continuous employement in the fifth year, yes you are entitled to payment of Gratuity. Best Wishes, Vasant Nair
From India, Mumbai
From India, Mumbai
Hi,
Gratuity is payable to staff members who resigned after continuous service of 5 years. In your case, it is 4 years and 11 months. I think u are not eligible for gratuity payment as per Gratuity Act.
Regards.
From India, Mumbai
Gratuity is payable to staff members who resigned after continuous service of 5 years. In your case, it is 4 years and 11 months. I think u are not eligible for gratuity payment as per Gratuity Act.
Regards.
From India, Mumbai
Dear All,
To the best of my knowledge and belief, period more than 6 months is to be rounded off to the next full year. According to this ruling, period in excess of six months which is 11 months and 17 days is to be rounded off to the next full year that is full 5 years, making the employee eligible entitled to payment of gratuity. As suggested earlier by some friends, the concerned employee may apply to her employer for payment of gratuity in the prescried form and await reply. Certainly the response whould be positive. In case it negative, then the aggrieved employee may apply to the controlling authority for relief.
To avoid this, the concerned employee should have attempted to complete 5 year tenure with his/her former employer. The notice of 90 days is minimum period. The law does not forbid anybody from giving more than 90 days notice. In this case the notice period could have been 103 days. The new employer would have also not objected to delay of 13 days in order to help the employee comply with eligility criteria for gratuity. Others may take lesson and try to comply with eligibilty criteria for such short durations. Important issue here is whether notice period can be of more than 90 days or not. My assertion is that it can be more than 90 days, not short of 90 days in any case. I wish success to elamita in his/her efforts to get gratuity from her former employee and also note the lesson which could avoid such complications in future.
From India, Pune
To the best of my knowledge and belief, period more than 6 months is to be rounded off to the next full year. According to this ruling, period in excess of six months which is 11 months and 17 days is to be rounded off to the next full year that is full 5 years, making the employee eligible entitled to payment of gratuity. As suggested earlier by some friends, the concerned employee may apply to her employer for payment of gratuity in the prescried form and await reply. Certainly the response whould be positive. In case it negative, then the aggrieved employee may apply to the controlling authority for relief.
To avoid this, the concerned employee should have attempted to complete 5 year tenure with his/her former employer. The notice of 90 days is minimum period. The law does not forbid anybody from giving more than 90 days notice. In this case the notice period could have been 103 days. The new employer would have also not objected to delay of 13 days in order to help the employee comply with eligility criteria for gratuity. Others may take lesson and try to comply with eligibilty criteria for such short durations. Important issue here is whether notice period can be of more than 90 days or not. My assertion is that it can be more than 90 days, not short of 90 days in any case. I wish success to elamita in his/her efforts to get gratuity from her former employee and also note the lesson which could avoid such complications in future.
From India, Pune
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc