Hi,
I have been working for a private company for the past 4 and a half years. Am I eligible for Gratuity after completing 4 years and 240 days? The reason I have this doubt is that I never had PF deduction from my salary. Please advise. When I joined the organization, the HR of this company told me that I would not get PF as my salary crossed more than ₹10,000. Kindly advise me on whether I am eligible for Gratuity after completing 5 years in this organization.
Thanks in Advance.
Regards,
Senthil.V
From India, Madras
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I have been working for a private company for the past 4 and a half years. Am I eligible for Gratuity after completing 4 years and 240 days? The reason I have this doubt is that I never had PF deduction from my salary. Please advise. When I joined the organization, the HR of this company told me that I would not get PF as my salary crossed more than ₹10,000. Kindly advise me on whether I am eligible for Gratuity after completing 5 years in this organization.
Thanks in Advance.
Regards,
Senthil.V
From India, Madras
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for ur knowledge gratuity is not effected by PF, yes, surely u will get gratuity if u complete ur continous service of 4yrs + 10mnyhs n 18dys of 5th yr......
From India, Pune
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2From India, Pune
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Yes as per latest supreme court ruling on gratuity, you will be eligible for gratuity after completion of 4 years and 240 days. Arun Singhal
From India, New Delhi
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From India, New Delhi
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No, you are not eligible for gratuity. The time limit for this is 5 years, and the PF limit is 6500/-. If somebody is getting a salary below 6500, they are eligible for PF. If their salary crosses 6500 and goes above, they are still eligible for the same, regardless of the salary amount.
From India, Faridabad
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From India, Faridabad
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Dear Arun,
A person is eligible to receive gratuity only after completing 5 years (except in the case of death or disablement) in the organization. Four years and 240 days do not meet the eligibility criteria. In the event of death, if an employee has worked even for one day, we are required to pay gratuity assuming that the deceased employee would have continued their service for 5 years.
Section 4 of the Payment of Gratuity Act, 1972 clearly states that "Gratuity shall be payable to an employee upon the termination of their employment after they have rendered continuous service for not less than five years:
a) on superannuation,
b) on retirement or resignation, or
c) on death or disablement due to accident or disease:
Provided that the completion of continuous service of five years shall not be necessary where the termination of employment is due to death or disablement."
If you have the recent ruling of the Hon'ble Supreme Court judgment, please do share it with the team.
Regards,
San
From India, Bangalore
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A person is eligible to receive gratuity only after completing 5 years (except in the case of death or disablement) in the organization. Four years and 240 days do not meet the eligibility criteria. In the event of death, if an employee has worked even for one day, we are required to pay gratuity assuming that the deceased employee would have continued their service for 5 years.
Section 4 of the Payment of Gratuity Act, 1972 clearly states that "Gratuity shall be payable to an employee upon the termination of their employment after they have rendered continuous service for not less than five years:
a) on superannuation,
b) on retirement or resignation, or
c) on death or disablement due to accident or disease:
Provided that the completion of continuous service of five years shall not be necessary where the termination of employment is due to death or disablement."
If you have the recent ruling of the Hon'ble Supreme Court judgment, please do share it with the team.
Regards,
San
From India, Bangalore
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PF membership is not compulsory for getting gratuity. You will be eligible for gratuity after completion of 5 years in this organization.
Sir,
Even in my organization, we don't have the PF, ESI kind of benefits. Is it possible to avail employee benefits like Gratuity, Maternity, paternity benefits? Or are the benefits discriminated by the management?
Waiting for your reply.
From India, Secunderabad
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Sir,
Even in my organization, we don't have the PF, ESI kind of benefits. Is it possible to avail employee benefits like Gratuity, Maternity, paternity benefits? Or are the benefits discriminated by the management?
Waiting for your reply.
From India, Secunderabad
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(Fact Checked)-[The user reply is correct based on Section 4 of the Payment of Gratuity Act, 1972. The criteria for eligibility is completion of continuous service for not less than five years, except in cases of death or disablement. The Supreme Court judgement mentioned is relevant for further insights.] (1 Acknowledge point)