I have worked in one Pvt. Ltd. Company from 19th Oct\'2007 to 17th July\'2012.
Now please confirm me that i am eligible for Gratuity payment or not because i worked for 5 years & 240 days...
Special Information : In the same company one people who worked less than me (you can say 4yrs.8 months) has got gratuity but they are not providing me the Gratuity amount..
Please confirm how can i claim for Gratuity...
From India, Delhi
Now please confirm me that i am eligible for Gratuity payment or not because i worked for 5 years & 240 days...
Special Information : In the same company one people who worked less than me (you can say 4yrs.8 months) has got gratuity but they are not providing me the Gratuity amount..
Please confirm how can i claim for Gratuity...
From India, Delhi
1.Yes you will get gratuity. 2. if company is not paying you gratuity in this case, go for court.
From India, Mumbai
5From India, Mumbai
I have worked in one Pvt. Ltd. Company from 19th Oct\\\'2007 to 17th July\\\'2012.
Now please confirm me that i am eligible for Gratuity payment or not because i worked for 4 years & 9 months or 240 days in the 5th year .
Special Information : In the same company one people who worked less than me (you can say 4yrs.8 months) has got gratuity but they are not providing me the Gratuity amount..
Please confirm how can i claim for Gratuity...
From India, Delhi
Now please confirm me that i am eligible for Gratuity payment or not because i worked for 4 years & 9 months or 240 days in the 5th year .
Special Information : In the same company one people who worked less than me (you can say 4yrs.8 months) has got gratuity but they are not providing me the Gratuity amount..
Please confirm how can i claim for Gratuity...
From India, Delhi
Dear Mr. Sudhir,
1.) 1st of all confirm me have you worked continuously with 240 days in every year..?
If there is any interruption between the 5 yrs in service (suppose in the 3rd year an employee attends 239days) then he will not eligible for Gratuity
2.) Are you joined as a trainee in while joining the organization..?? Because from probation period only the employees will eligible to claim Gratuity.
e.g. if an employee joins on 1st jan'2007 as a trainee and get probation on 1st jan'2008 and resigned on feb'2013 then he will eligible for Gratuity.
3.) I have worked in one Pvt. Ltd. Company from 19th Oct\\\'2007 to 17th July\\\'2012. You have worked for 4yrs 9mnths and 240 days.
An employee must complete 5 years without any interruption in his service (as mentioned in the 2nd point) then only he will avail Gratuity benefit.
After 5years if he completes 6mnths then the organization will provide Gratuity for 6 years.
From India, Hyderabad
1.) 1st of all confirm me have you worked continuously with 240 days in every year..?
If there is any interruption between the 5 yrs in service (suppose in the 3rd year an employee attends 239days) then he will not eligible for Gratuity
2.) Are you joined as a trainee in while joining the organization..?? Because from probation period only the employees will eligible to claim Gratuity.
e.g. if an employee joins on 1st jan'2007 as a trainee and get probation on 1st jan'2008 and resigned on feb'2013 then he will eligible for Gratuity.
3.) I have worked in one Pvt. Ltd. Company from 19th Oct\\\'2007 to 17th July\\\'2012. You have worked for 4yrs 9mnths and 240 days.
An employee must complete 5 years without any interruption in his service (as mentioned in the 2nd point) then only he will avail Gratuity benefit.
After 5years if he completes 6mnths then the organization will provide Gratuity for 6 years.
From India, Hyderabad
Mr Sourav will get gratuity for 5 yrs & 240 days of service,if it is uninterrupted as defined in the Act. Varghese Mathew 09961266966
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Dear Mr. Rana,
In the first place, I fail to see how, having worked from October 2007 till July 2012, you conclude that you have worked for MORE THAN 5 YEARS. My own calculation shows that your service falls short of 5 years, although it may be more than 4 years and 240 days.
I presume that you worked continuously during this period, for a minimum of 240 days in each year. If the minimum period has not been completed, there is NO WAY you would be eligible for gratuity.
My own understanding of the Gratuity Act is that you need to complete a minimum of 5 years to qualify for gratuity in the first instance. Thereafter, 6 months or more of service, will entitle you for an additional year's gratuity.
I am aware of a decision of the Madras High Court according to which an individual would be eligible for gratuity even if he has worked for 4 years and 240 days (in the 5th year), but this judgement would not be binding on employers in other states.
Lastly, the case you have quoted about a colleague being paid gratuity with shorter service may well be a case of "error" before Management got "wiser".
From India, New Delhi
In the first place, I fail to see how, having worked from October 2007 till July 2012, you conclude that you have worked for MORE THAN 5 YEARS. My own calculation shows that your service falls short of 5 years, although it may be more than 4 years and 240 days.
I presume that you worked continuously during this period, for a minimum of 240 days in each year. If the minimum period has not been completed, there is NO WAY you would be eligible for gratuity.
My own understanding of the Gratuity Act is that you need to complete a minimum of 5 years to qualify for gratuity in the first instance. Thereafter, 6 months or more of service, will entitle you for an additional year's gratuity.
I am aware of a decision of the Madras High Court according to which an individual would be eligible for gratuity even if he has worked for 4 years and 240 days (in the 5th year), but this judgement would not be binding on employers in other states.
Lastly, the case you have quoted about a colleague being paid gratuity with shorter service may well be a case of "error" before Management got "wiser".
From India, New Delhi
Dear Sudhir,
You have already completed continuous 5 years of job in the same company or without any interval during your job period,then you will get your gratuity amount.
Please send the letter thru registered post or authorised mail id to your company then send reminders(at least three) and wait for your answer,if your company will not send any answer then you can approach to the court.
From India, Delhi
You have already completed continuous 5 years of job in the same company or without any interval during your job period,then you will get your gratuity amount.
Please send the letter thru registered post or authorised mail id to your company then send reminders(at least three) and wait for your answer,if your company will not send any answer then you can approach to the court.
From India, Delhi
Dear Mr.Rana,
Mr.Gerry"s view is correct. How do arrive 5 years and 240 days. If your joing date is earlier to oct 2007, do you have any proof for your date of entry? like pf deduction, Esi card, Employment card. If you have any proof as mentioned by global overseas send letter to your company asking for gratuity payment by registered post. Also send reminders. After that you can approach ACL (Assistant Commissioner of Labour) -Gratuity in your area to get the claim.
REGARDS,
S.GANAPATHY
From India, Coimbatore
Mr.Gerry"s view is correct. How do arrive 5 years and 240 days. If your joing date is earlier to oct 2007, do you have any proof for your date of entry? like pf deduction, Esi card, Employment card. If you have any proof as mentioned by global overseas send letter to your company asking for gratuity payment by registered post. Also send reminders. After that you can approach ACL (Assistant Commissioner of Labour) -Gratuity in your area to get the claim.
REGARDS,
S.GANAPATHY
From India, Coimbatore
If you are covered by the definition of employee and also complted the continuous period of service as laid down in the Payment og Gratuity Act,1974 then you are certainly entitled to claim gratuity.However, you are to lodge your claim by filling the prescribed form to your Personnel Dept.Thereafter, if they don't release the payment, then you can lodge a complaint before the concerned ALC& C.A..They will take approipriate action in the matter.
From India, Delhi
From India, Delhi
Dear Mr. Rana
If you were on regular rolls of the compnay (as regular employee ) with effect from 19.10.2007, you are eligible to get the Gratuity amount.
There is established law by Court that if in thre fifth year an employee has completed minimum 240 days in fourth year,he is entitled to get the Gartuity amount calculated considering Five complete years.
MADRAS HIGH COURT while relying upon the clarification by the SUPREME COURT pertaining to 240 working days in one year will be deemed to be continuous serice of one year meaning thereby that there should not be complete 12 calender months' service. MADRAS HIGH COURT has further held that an employee, who has put in service of 4 Years 10 Months and 18 Days in the 5 years, will be entitled to gratuity.
Case Ref. : Mettur Beardsell Ltd., Madras v. Regional Lab. Commissioner (Appellate Authority under Payment of Gratuity Act), Madras etc., 1998 (3) LLN 414.
I request memebrs to restrain from giving False and Vague clarifications to the person who is in real need of the right suggestion and direction
From India, Mumbai
If you were on regular rolls of the compnay (as regular employee ) with effect from 19.10.2007, you are eligible to get the Gratuity amount.
There is established law by Court that if in thre fifth year an employee has completed minimum 240 days in fourth year,he is entitled to get the Gartuity amount calculated considering Five complete years.
MADRAS HIGH COURT while relying upon the clarification by the SUPREME COURT pertaining to 240 working days in one year will be deemed to be continuous serice of one year meaning thereby that there should not be complete 12 calender months' service. MADRAS HIGH COURT has further held that an employee, who has put in service of 4 Years 10 Months and 18 Days in the 5 years, will be entitled to gratuity.
Case Ref. : Mettur Beardsell Ltd., Madras v. Regional Lab. Commissioner (Appellate Authority under Payment of Gratuity Act), Madras etc., 1998 (3) LLN 414.
I request memebrs to restrain from giving False and Vague clarifications to the person who is in real need of the right suggestion and direction
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc