Hi,
I have been working in a private organisation for 5years. But in that period I was on LOP for 11 months.Am I eligible for gratuity?If yes, will I get the full amount or the amount for the period I worked.
Regards
Nysha

From India, Kochi
Hi Nysha, Please specify the reason for LOP. Based on that,I can answer your queries. Regards Amitava
From India, Calcutta
I was in IT company.The leave without allowance was granted by the company for personal reasons as to accompany my husband gone onsite working for the same organisation.
From India, Kochi
Dear Nysha, You are entitled to get the gratuity amount as per court judgement when you completed 4 years and 10 months service. The judgement copy is enclosed herewith for your ready reference.
From India, Mumbai
Attached Files (Download Requires Membership)
File Type: pdf Gratuity - Madras HC judg[1][1][1]..pdf (1.55 MB, 284 views)

Hi, As per Gratuity Act 1972, if a person has completed 4 yrs & 240 days in a Company he is eligible for gratuity. Warm Regards, Pooja Gulati
From India, Faridabad
For each year of reckonable service, for purposes of Gratuity, one has to put in a continuous service of 240 days each year.
Leave Without Pay, being sanctioned leave, is included in the 240 days.
Thereforefore, if you qualify the 5 year clause inlcuding your LWP, yes you are entitled to payment of Gratuity.
Best Wishes,
Vasant Nair
Director
Karma-HR
9717726667

From India, Mumbai
I concur with VasantNair. LOP shoud have been sanctioned to be included continous service. However, have look into the rules regulations of company governing these issue.
From India, Tiruchchirappalli
Hi all, I want to start my own manpower outsourcing and staffing company in Guwahati. I need to know about all the documents needed to start off the same. If anybody have idea about the documentation aspect of this manpower outsource business, kindly mail me the same at :
Warm regards
Diganta Sarma
ThotS n SkillS
Guwahati-6

From India, Delhi
As per my HR Dept ,
As I have opted for LOP leave and hence the leave canbe considered as break in service.
That is For example, if a person joins the company and taking leave for 5 years and going abroad or going for higher studies etc.... even if with the permission of the company, then the gratuity is not applicable to that person.
They ar saying as this break in service is a disputable one and on case to case basis only the decisions are taken.
Any feedback on this.
Regards
Nysha

From India, Kochi
Hi,
Recently I have resigned from a PSU after service of 05 years but as per my HR deptt I am Not eligible for the Gratuity as these Five Yrs includes 1.5 yrs. as Graduate Enginees Trainee. Kindly clarify the same, is it right as per the Gratuity Act as I have litle knowledge of all these policies& acts?
I am going to join a company abroad now i.e no joining in any other PSU.
Feedback on this higly solicited
Regards
Rakesh G.

From India
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