Hi,
I had completed 4yrs 11 months in my comapny. Now I want to resign . As per our co. rules we have to give 1 month notice. I want to know that if I resigns today will I get a gratuity? Or I will have to complete 5 yrs & then I will get the gratuity? Let me know the rules regarding gratuity so that accordingly I can resign.
From India, Mormugao
I had completed 4yrs 11 months in my comapny. Now I want to resign . As per our co. rules we have to give 1 month notice. I want to know that if I resigns today will I get a gratuity? Or I will have to complete 5 yrs & then I will get the gratuity? Let me know the rules regarding gratuity so that accordingly I can resign.
From India, Mormugao
Dear
You are eligible to get gratuity even if you have worked for 4 years & 11 months. The Madras HC in the case of Mettur Beard Sell Ltd Versus RLC has decided the same type of issue. It was held that any employee who completes 240 days of service in a year in the 5th year will be deemed to have continued in service for one year as stipulated by sec. 2(a) of the Payment of Gratuity Act. It was held that an employee who has put in his services for 10 months and 18 days for the 5 year subsequent to first 4 years should be deemed to have completed , continued servcice of 5 years and is entitled for gratuity.
The case was reported as 1998 LLR 1072 (Mad H.C.)
In case you require the copy of judgment I could arrange the same and upload on this thread.
Regards
From India, Ludhiana
10You are eligible to get gratuity even if you have worked for 4 years & 11 months. The Madras HC in the case of Mettur Beard Sell Ltd Versus RLC has decided the same type of issue. It was held that any employee who completes 240 days of service in a year in the 5th year will be deemed to have continued in service for one year as stipulated by sec. 2(a) of the Payment of Gratuity Act. It was held that an employee who has put in his services for 10 months and 18 days for the 5 year subsequent to first 4 years should be deemed to have completed , continued servcice of 5 years and is entitled for gratuity.
The case was reported as 1998 LLR 1072 (Mad H.C.)
In case you require the copy of judgment I could arrange the same and upload on this thread.
Regards
From India, Ludhiana
Dear Friends,
In fifth year not only 240 days.individual has to complete five year of service than only he is entitle to get gratuity. ( By Senior Memeber J s malik)
But Adv Puneet says othewise.
So who is right ?
Hitesh Dewan
From India
In fifth year not only 240 days.individual has to complete five year of service than only he is entitle to get gratuity. ( By Senior Memeber J s malik)
But Adv Puneet says othewise.
So who is right ?
Hitesh Dewan
From India
Dear
Our senior member Mr. Malik have also said that if anybody have patience for fighting the case before the authority considering this judgement then he may fight the case.
Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Our senior member Mr. Malik have also said that if anybody have patience for fighting the case before the authority considering this judgement then he may fight the case.
Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Dear Gauria,
yes,you can resign now,notice period also include in your service period which has sign of completion of 5 years of your Job.
It is better to avoid any confusion organisation side,you should complete 5 years and then resign.
In most of the cases ,we have found that organisation put forced on employee to resign or terminate employee before completion of 5 years of job to avoid gratuity benefits given to him.,but we received complaint on this from employee side and won all cases in this regards.
:: Global Overseas - Home :: Compliance Audit, ISO certification, BFSI Audit, Export, Jem, Jewellery, chemical Industry. for more details of HR/legal/Social compliance.
Sajid ansari-Delhi
From India, Delhi
yes,you can resign now,notice period also include in your service period which has sign of completion of 5 years of your Job.
It is better to avoid any confusion organisation side,you should complete 5 years and then resign.
In most of the cases ,we have found that organisation put forced on employee to resign or terminate employee before completion of 5 years of job to avoid gratuity benefits given to him.,but we received complaint on this from employee side and won all cases in this regards.
:: Global Overseas - Home :: Compliance Audit, ISO certification, BFSI Audit, Export, Jem, Jewellery, chemical Industry. for more details of HR/legal/Social compliance.
Sajid ansari-Delhi
From India, Delhi
hi,
You are obsolutely eligible for Gratuity. As I did discussion with my senior HRs. It is clear that above six months of services is considered an as year. i.e., if an employee has served for above 4yrs and 6 months is eligible for garutity benefit.
Vissu
From India, Hyderabad
You are obsolutely eligible for Gratuity. As I did discussion with my senior HRs. It is clear that above six months of services is considered an as year. i.e., if an employee has served for above 4yrs and 6 months is eligible for garutity benefit.
Vissu
From India, Hyderabad
Dear Vissu,
In my opinion as per section 4(2) of P G Act,1972 this formula of considering one year of service on completion of more than six month of service is only applicable after completion of five year continuous service.
Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
In my opinion as per section 4(2) of P G Act,1972 this formula of considering one year of service on completion of more than six month of service is only applicable after completion of five year continuous service.
Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
If you wants get your gratuity you have to complete 5 yrs of service after completing 5 yrs service if you will continue more than 6 months then you will be considered as 6 yrs. Better to complete 5 yrs then resign.
From India, Hyderabad
From India, Hyderabad
If u resign on 4 yrs and 11 months and wil complete 5 yrs in notice period , u r eligible to receive Gratuity.
As noted before, as per court judgement, on completing 4 yrs and 6+ months also u r eligible for gratuity. Here, if the management says no, u may hv to fight for it.
regards
N R M
From India, Bangalore
As noted before, as per court judgement, on completing 4 yrs and 6+ months also u r eligible for gratuity. Here, if the management says no, u may hv to fight for it.
regards
N R M
From India, Bangalore
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc