hI. IS THE WORKEMAN COMPLETED 4.6 YEARS OF SERVICE, IS HE ENTITLE FOR GRATUITY. AND WHAT IS THE BASIC RULE / ACT. IS THIS IMPLEMENTED FROM STATE TO STATE OR ALL OVER INDIA. THNX
From India, Delhi
1From India, Delhi
dear jeet,
as per gratiuity act/rules after completig 5 years in a service employee will be eligble for gratuity for 15 days of last salary for every completing years.
in your case you are not eligible for gratuity as you have completed only 4.6 years so you are not qualified for gratuity.
regds
wasim
From India, Mumbai
as per gratiuity act/rules after completig 5 years in a service employee will be eligble for gratuity for 15 days of last salary for every completing years.
in your case you are not eligible for gratuity as you have completed only 4.6 years so you are not qualified for gratuity.
regds
wasim
From India, Mumbai
Dear Jeet
Greetings.
Follow the url where you will note that for 4 years and 10 months a person
can be eligible for Gratuity.
https://www.citehr.com/104526-sc-rul...tuity-act.html
Cheers
With regards
Trisha
HR Professional
From India, New Delhi
Greetings.
Follow the url where you will note that for 4 years and 10 months a person
can be eligible for Gratuity.
https://www.citehr.com/104526-sc-rul...tuity-act.html
Cheers
With regards
Trisha
HR Professional
From India, New Delhi
nO,TRISHA, hE IS NOT ELEGIBLE FOR GRATUITY. hE HAS TO COMPLETE 5 YEARS.AFTER COMPLETION OF FIVE YEARS ONLY THE ROUNDING OFF YEAR IS APPLICABLE.
* If an employee completes five years of continuous service, he is elegible for gratuity
**If the service of an employee at the time of his resignation is 6 years 7 months, his total years for gratuity is to be considered as 7 years
***If the service of an employee at the time of his resignation is 6 years 4months, his total years for gratuity is to be considered as 6 years
****calculation: LAST DRAWN SALARY(BASIC+DA)X NO.OF YEARS SERVICE X 15 DAYS (DIVIDED BY) 26
OK?
From India, Madras
* If an employee completes five years of continuous service, he is elegible for gratuity
**If the service of an employee at the time of his resignation is 6 years 7 months, his total years for gratuity is to be considered as 7 years
***If the service of an employee at the time of his resignation is 6 years 4months, his total years for gratuity is to be considered as 6 years
****calculation: LAST DRAWN SALARY(BASIC+DA)X NO.OF YEARS SERVICE X 15 DAYS (DIVIDED BY) 26
OK?
From India, Madras
Dear friends,
An employee who has completed 4 years 6 months service will not be eligible for gratuity. Roundng off rule for period above 6 months is applicable only for deciding full number of years of service for which gratuity is to be paid, and not for eligibility as such.
However, it is understood that the Supreme Court in the case of Surendra Kumar Verma v Central Govt. Industrial Tribunal (1980 (4) SCC 433) has held that an employee who had completed 4 years 10 months and 18 days would constitute 5 years. If any one has got copy of the judgement, kindly forward the same.
Regards,
From India, Malappuram
An employee who has completed 4 years 6 months service will not be eligible for gratuity. Roundng off rule for period above 6 months is applicable only for deciding full number of years of service for which gratuity is to be paid, and not for eligibility as such.
However, it is understood that the Supreme Court in the case of Surendra Kumar Verma v Central Govt. Industrial Tribunal (1980 (4) SCC 433) has held that an employee who had completed 4 years 10 months and 18 days would constitute 5 years. If any one has got copy of the judgement, kindly forward the same.
Regards,
From India, Malappuram
Dear PCA, I am also looking for the same, but not able to get till date, if you happen to get then please share the same.
From India, Delhi
From India, Delhi
Dear Friend,
I am providing the copy of the same, but it seems to be a different case. Kindly go through it.
Are you able to get the copy of judgement on the Gratuity ?? I am still looking for the copy...
From India, Delhi
I am providing the copy of the same, but it seems to be a different case. Kindly go through it.
Are you able to get the copy of judgement on the Gratuity ?? I am still looking for the copy...
From India, Delhi
Dear Mr Verma,
Thanks for copy of the judgement. It is under Industrial Disputes Act. SC has held that an employee who has completed 4 years 10 months will be deemed to have completed 5 years for the purposes of the Act. Though it is not directly related to gratuity, the same logic could be applied in the case of gratuity also.
I am also trying to get copy of relevant judgement under Payment of Gratuity Act. It is understood that Madras High Court in the case of {Mettur Beardsell Ltd, Madras V Regional labour Commissioner(central), Madras LLR1072(Mad HC) has held that an employee who has put in his service for 10 months for the fifth year subsequent to the fourth year should be deemed to have completed 5 years and is entitled to get gratuity. If you have got a copy, kindly share.
Regards,
From India, Malappuram
Thanks for copy of the judgement. It is under Industrial Disputes Act. SC has held that an employee who has completed 4 years 10 months will be deemed to have completed 5 years for the purposes of the Act. Though it is not directly related to gratuity, the same logic could be applied in the case of gratuity also.
I am also trying to get copy of relevant judgement under Payment of Gratuity Act. It is understood that Madras High Court in the case of {Mettur Beardsell Ltd, Madras V Regional labour Commissioner(central), Madras LLR1072(Mad HC) has held that an employee who has put in his service for 10 months for the fifth year subsequent to the fourth year should be deemed to have completed 5 years and is entitled to get gratuity. If you have got a copy, kindly share.
Regards,
From India, Malappuram
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