I have worked in a organisation for 4 years 8 months. Is i am entitled for gratuity. please answer me. if yes than how and if no than also why?
From India, New Delhi
From India, New Delhi
517
Dear Uppu Leo,
Sorry, there was some mis understanding due to one verdict from Supreme court and another one from Madras High Court that if there is an attendance of 240 days in the last year, it will be considered as a full year.
When I went for a detailed study, to my knowledge, after the above judgements the act is amended as under :
1. Minimum eligibility to get Gratuity is 5 years.
2. In the case of permanent employees, for the preceeding 12 months, there should be a minimum attendance of
a) 190 days
i) for those work in Mines
ii) for those work for less than 6 days in a week
b) 240 days in other cases.
i.e 240 days is minimum attendance in 12 months.
Abbas.P.S
From India, Bangalore
Sorry, there was some mis understanding due to one verdict from Supreme court and another one from Madras High Court that if there is an attendance of 240 days in the last year, it will be considered as a full year.
When I went for a detailed study, to my knowledge, after the above judgements the act is amended as under :
1. Minimum eligibility to get Gratuity is 5 years.
2. In the case of permanent employees, for the preceeding 12 months, there should be a minimum attendance of
a) 190 days
i) for those work in Mines
ii) for those work for less than 6 days in a week
b) 240 days in other cases.
i.e 240 days is minimum attendance in 12 months.
Abbas.P.S
From India, Bangalore
Gentlemen,
Thanks for giving ur opinion on Gratutity. But I have 2 more queries which is as under:
1) Whatever it is 4 yrs 240 days OR Successive completion of 5 years. But Suppose any employee joined an organisation without appointment letter & company had paid him/her on petty cash voucher. After completion of 2 months, company had issued letter by mentioning his appointment date including this 2 months. Then Is s/he eligible 4 Gratuity?
e.g. Any employee Joined an organisation 1st Nov'2005. The company had paid his remuneration on petty cash voucher for the month of Nov'05 & Dec'05 & taken him on payroll from 1st Jan'2006. The company was offering him appointment letter from 1st Jan'2006, But that employee immediately discussed with his Boss, then the company cancelled his earlier letter & issued a new letter on their letterhead by mentioning an appointment date from 1st Nov'2005. Now Is s/he eligible for Gratuity from this date?
2) Suppose any employee worked with his/her oraganisation more 5 years says 5yrs 2 months or 3 months or 4 months & so on. Is he eligible for 5 Years only or if he worked 5 yrs 2 mnts is he elibile for 5yrs 2 mnts & if he worked 5yrs 4 mnts, then is he eligible for 5 yrs only OR 5yrs 4mnts.
Kindly provide any documentary evidence.
Thanks,
Nitz
From India, Mumbai
Thanks for giving ur opinion on Gratutity. But I have 2 more queries which is as under:
1) Whatever it is 4 yrs 240 days OR Successive completion of 5 years. But Suppose any employee joined an organisation without appointment letter & company had paid him/her on petty cash voucher. After completion of 2 months, company had issued letter by mentioning his appointment date including this 2 months. Then Is s/he eligible 4 Gratuity?
e.g. Any employee Joined an organisation 1st Nov'2005. The company had paid his remuneration on petty cash voucher for the month of Nov'05 & Dec'05 & taken him on payroll from 1st Jan'2006. The company was offering him appointment letter from 1st Jan'2006, But that employee immediately discussed with his Boss, then the company cancelled his earlier letter & issued a new letter on their letterhead by mentioning an appointment date from 1st Nov'2005. Now Is s/he eligible for Gratuity from this date?
2) Suppose any employee worked with his/her oraganisation more 5 years says 5yrs 2 months or 3 months or 4 months & so on. Is he eligible for 5 Years only or if he worked 5 yrs 2 mnts is he elibile for 5yrs 2 mnts & if he worked 5yrs 4 mnts, then is he eligible for 5 yrs only OR 5yrs 4mnts.
Kindly provide any documentary evidence.
Thanks,
Nitz
From India, Mumbai
Hi,
It's been 5.10 yrs i am working with the same organization and i want to apply for gratuity.
Problem is I joined in Dec 2004 and another company took over in 2006 and they are considering my Date of Joining from 2006 which means i am eligible not for the gratuity as per their records.
Pls suggest what needs to be done in this case.....and also confirm if i am eligible for gratuity or not with the calculation.
Regards
Vishnu Sabharwal
From India, New Delhi
It's been 5.10 yrs i am working with the same organization and i want to apply for gratuity.
Problem is I joined in Dec 2004 and another company took over in 2006 and they are considering my Date of Joining from 2006 which means i am eligible not for the gratuity as per their records.
Pls suggest what needs to be done in this case.....and also confirm if i am eligible for gratuity or not with the calculation.
Regards
Vishnu Sabharwal
From India, New Delhi
Dear Nitz,
For your first query, the joining date of the employee shall be reckoned 1st Nov. 2005 for payment of gratuity purpose.
In response to your second query, the attendance of 180 or more days (say six months or more) after completion of 5 or more years in service is considered as one complete year for payment of gratuity however, attendance less than 180 days (say less than six months) after completing
5 or more years is not considered for payment of gratuity.
Thanks
R K Singh
From India, Delhi
For your first query, the joining date of the employee shall be reckoned 1st Nov. 2005 for payment of gratuity purpose.
In response to your second query, the attendance of 180 or more days (say six months or more) after completion of 5 or more years in service is considered as one complete year for payment of gratuity however, attendance less than 180 days (say less than six months) after completing
5 or more years is not considered for payment of gratuity.
Thanks
R K Singh
From India, Delhi
Dear R.K Singh,
For payment of gratuity, the fraction to be rounded up to next year should be more than six months. If it is six months, it will be rounded down. Also don't take 6 months as 180 days.
For a fraction of 6 months from 1.7.2009 to 31.12.2009, the number of days is 184 days. But this will not be rounded up, but ignored. In this case, only the completed years of service will be taken into account.
Abbas.P.S
From India, Bangalore
For payment of gratuity, the fraction to be rounded up to next year should be more than six months. If it is six months, it will be rounded down. Also don't take 6 months as 180 days.
For a fraction of 6 months from 1.7.2009 to 31.12.2009, the number of days is 184 days. But this will not be rounded up, but ignored. In this case, only the completed years of service will be taken into account.
Abbas.P.S
From India, Bangalore
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc