Can i claim my gratuity after five and half years. Since i joined a company on 1st March 2000 and resigned my job on 13th Jun 2005. Please tell me whether i can claim my gratuity now?
MadhavanRao
9789843824
From India, Madras
1MadhavanRao
9789843824
From India, Madras
sure, According to the rule you are eligible for grauity after complete 4 year and 6 month . you can claim gratuity for the working period in that company from 1st march 2000 to 13th June 2005. you can get 6 years gratuity as per gratuity rules.
gratuity is one of the facility provided by company itself.
From India, Delhi
gratuity is one of the facility provided by company itself.
From India, Delhi
Hello Mr.Madhavan
Yes, you can claim for your gratuity, if you complete your 5 year of continous service in same organization yo are eligible to claim it and suppose if its 5 years and more thn or equal to six month like 5yr6month then it will consider as 6 year..but you not completeyour six month so you are eligible for claim for 5 years.
And there are different ways of calculating gratuity too...
if you have further quries pls contact
THANKS & REGARDS
MANISH DUTTA
+919971672939
From India, Delhi
Yes, you can claim for your gratuity, if you complete your 5 year of continous service in same organization yo are eligible to claim it and suppose if its 5 years and more thn or equal to six month like 5yr6month then it will consider as 6 year..but you not completeyour six month so you are eligible for claim for 5 years.
And there are different ways of calculating gratuity too...
if you have further quries pls contact
THANKS & REGARDS
MANISH DUTTA
+919971672939
From India, Delhi
Dear Madavan Rao,
Please let me know, whether you joined as an apprentice/trainee or regular employee?
If you are provided with an appointment order? if so, what is mentioned in the appointment order?
Normally a person is eligble for GRATUITY, for putting continious 5 years service. (each year he has to complete 240 working days). In your case, you have to clarify my doubts,
Then let you know about your eligibility.
Regards
R.Palaniswamy
From India, Coimbatore
Please let me know, whether you joined as an apprentice/trainee or regular employee?
If you are provided with an appointment order? if so, what is mentioned in the appointment order?
Normally a person is eligble for GRATUITY, for putting continious 5 years service. (each year he has to complete 240 working days). In your case, you have to clarify my doubts,
Then let you know about your eligibility.
Regards
R.Palaniswamy
From India, Coimbatore
GRATUITY ACT AT A GLANCE:
1. Sec. 2e: Employee means a person employed on wages (Other than an apprentice)
2. Sec. 2s: Wages means Basic + DA
3. sec. 4: gratuity shall be payable on the termination of the employee i.e., superannuation or retirement or resignation or death or disablement due to accident/ disease, to an employee who has rendered continuous service for not less than five years.
this continuous service of five years is not applicable in case of death of an employee.
4. sec. 2A: continuous service means 240 days.
5. sec 4(3): The amount shall not exceed Rs. 10 lakhs. ( wef 01.05.2010as amended)
6. sec 4 (6): The gratuity can be forfeited to the extent of the damage caused to the company, when any employee's services are terminated on that misconduct. Secondly, the entire amount can be forfeited, where the employee's services are terminated on the offences of moral turpitude, during the course of employment.
7.Sec. 4(2): Computation: (Basic +DA/ 26) x 15 x number of completed years of services. ( in case the service is fraction of year, 1. if the period is more than six months add one more year ( 5 years 8 months = 6 years) and if the period is less than 6 months limit to the completed years of service ( 5 years 5 months 15 days = 5 years)
8. Sec. 5: Exemption: in case such organisation is extending the benefits not less favorable to that of under the Act.
9. Sec. 9: Penalties: Who ever contravenes the provisions of the Act are punishable.
10. Sec. 4A:Compulsory insurance: Employer shall obtain an insurance in the manner prescribed, for his liability for payment towards the gratuity under this Act, from the Life Insurance Corporation of India established under the Life Insurance Corporation of India Act, 1956 (31 of 1956) or any other prescribed insurer:(See attachment)
11. Sec. 10: Protection: No gratuity amount can be under attached under execution of any decree or order, either civil 0r criminal whatsoever.
suggestions / corrections, if any, invited.
Yagniah K
Manager -HR
9703219177
From India, Hyderabad
1. Sec. 2e: Employee means a person employed on wages (Other than an apprentice)
2. Sec. 2s: Wages means Basic + DA
3. sec. 4: gratuity shall be payable on the termination of the employee i.e., superannuation or retirement or resignation or death or disablement due to accident/ disease, to an employee who has rendered continuous service for not less than five years.
this continuous service of five years is not applicable in case of death of an employee.
4. sec. 2A: continuous service means 240 days.
5. sec 4(3): The amount shall not exceed Rs. 10 lakhs. ( wef 01.05.2010as amended)
6. sec 4 (6): The gratuity can be forfeited to the extent of the damage caused to the company, when any employee's services are terminated on that misconduct. Secondly, the entire amount can be forfeited, where the employee's services are terminated on the offences of moral turpitude, during the course of employment.
7.Sec. 4(2): Computation: (Basic +DA/ 26) x 15 x number of completed years of services. ( in case the service is fraction of year, 1. if the period is more than six months add one more year ( 5 years 8 months = 6 years) and if the period is less than 6 months limit to the completed years of service ( 5 years 5 months 15 days = 5 years)
8. Sec. 5: Exemption: in case such organisation is extending the benefits not less favorable to that of under the Act.
9. Sec. 9: Penalties: Who ever contravenes the provisions of the Act are punishable.
10. Sec. 4A:Compulsory insurance: Employer shall obtain an insurance in the manner prescribed, for his liability for payment towards the gratuity under this Act, from the Life Insurance Corporation of India established under the Life Insurance Corporation of India Act, 1956 (31 of 1956) or any other prescribed insurer:(See attachment)
11. Sec. 10: Protection: No gratuity amount can be under attached under execution of any decree or order, either civil 0r criminal whatsoever.
suggestions / corrections, if any, invited.
Yagniah K
Manager -HR
9703219177
From India, Hyderabad
Dear Madhavan Rao,
you can certainly claim gratuity for the 5 years of continuous service you have rendered to your company and if you want to calculate the amount of gratuity you will receive use the following formula.
last month drawn salary/26*15*5,,, you will ascertain the amount you are eligible for.
Thanks and best regards,
Abhinav Gautam.
From India, Pune
you can certainly claim gratuity for the 5 years of continuous service you have rendered to your company and if you want to calculate the amount of gratuity you will receive use the following formula.
last month drawn salary/26*15*5,,, you will ascertain the amount you are eligible for.
Thanks and best regards,
Abhinav Gautam.
From India, Pune
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Gratuity form I claim.pdf