Sirs and Madams,
I work for MNC company and till last day I completed 4 years and 11 months and 5 days.
In the gratuity act said that, for eligibility 4 years 190 days are required. For five days a week company last one year is equal to 190 working of continuous service. In that case I think I should be eligible for gratuity.Am I correct? But my company says I must complete 5 years. So how can I convince them?If they disagree what action I can take?
From China, Shanghai
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5I work for MNC company and till last day I completed 4 years and 11 months and 5 days.
In the gratuity act said that, for eligibility 4 years 190 days are required. For five days a week company last one year is equal to 190 working of continuous service. In that case I think I should be eligible for gratuity.Am I correct? But my company says I must complete 5 years. So how can I convince them?If they disagree what action I can take?
From China, Shanghai
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Dear Mr. Sanjay
Any person employed on salary.
At the time of retirement or resignation or an employee should have rendered continuous service of not less than five years,
then only he is applicable for it .
Only In case of death or disablement, the gratuity is payable, even if he has not completed 5 years of service.
From India, Gurgaon
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Any person employed on salary.
At the time of retirement or resignation or an employee should have rendered continuous service of not less than five years,
then only he is applicable for it .
Only In case of death or disablement, the gratuity is payable, even if he has not completed 5 years of service.
From India, Gurgaon
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Hi, I hope the attachment is of help to you. As per the judgement suffice if you complete 4 years 10 months and 18 days to become eligible for Gratuity. Regards / Chandru
From India, Madras
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From India, Madras
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Dear Sanjay,
Please go through this discussion: https://www.citehr.com/474051-compan...ty-amount.html. This will help and provide you with more information about Gratuity Payment.
Thank you.
From India, Delhi
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Please go through this discussion: https://www.citehr.com/474051-compan...ty-amount.html. This will help and provide you with more information about Gratuity Payment.
Thank you.
From India, Delhi
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Please clarify the type of company you are working for, the number of employees engaged in the establishment, and the number of days it operates in a week. According to Section 4 of the said Act, an individual will be eligible for gratuity upon completing 5 years of continuous service. However, as per Section 2A of the Act, continuous service is defined as an individual working for 240 days in a year. Additionally, there are certain conditions to be considered when computing the number of working days.
Hence, it may be challenging to provide a straightforward definition. However, if you can provide the required details, it would be helpful in determining the same. There is a relevant case law at the Mumbai High Court on this matter, where the court ruled in favor of an employee who had worked for 4 years and 190 days under a weekly 5-day working schedule, and the court mandated the payment of gratuity.
From India, Thana
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Hence, it may be challenging to provide a straightforward definition. However, if you can provide the required details, it would be helpful in determining the same. There is a relevant case law at the Mumbai High Court on this matter, where the court ruled in favor of an employee who had worked for 4 years and 190 days under a weekly 5-day working schedule, and the court mandated the payment of gratuity.
From India, Thana
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for eligibility of gratuity you need to serve five years of continuous service. in your case the first sentence holds good.
From India, New Delhi
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From India, New Delhi
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Ajay:Can you please provide any Supporting document of this Mumbai HC case what you mentioned
From India, Pune
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From India, Pune
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gh_manas25 Please let us know about the Mumbai HC Judgement you have mentioned above.
From India, Delhi
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From India, Delhi
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Hello Team,
I am working with Accenture, an MNC, and have recently left the organization. My Date of Joining was 25 Apr 2014, and the Last Date was 27 Nov 2018. I have completed 4 years, 7 months, and 2 days in the organization. I understand the basic rule is 4 years and 240 days (6-day working organization). I want to understand if, as my organization is a 5-day working organization, I do fit the criteria of 4 years, 190 days, i.e., 6 months, so I should get the gratuity payment.
I have received a response stating:
"Hi,
As per the gratuity act, employees who have completed 4 years and 8 months would be eligible for the gratuity amount. However, 4 years and 190 days only apply to employees who work seasonally."
Can you please clarify:
1) Can I get my PF amount? Am I eligible? (Is there any document to support this?)
2) If the organization is not helping, who can I reach out to in order to take this up and get my hard-earned money?
Regards,
Rajesh
My Payroll team is telling me that I will not get the Gratuity amount considering I have not completed 4 years, 8 months, and I am short of 24 days.
From India, Satara
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I am working with Accenture, an MNC, and have recently left the organization. My Date of Joining was 25 Apr 2014, and the Last Date was 27 Nov 2018. I have completed 4 years, 7 months, and 2 days in the organization. I understand the basic rule is 4 years and 240 days (6-day working organization). I want to understand if, as my organization is a 5-day working organization, I do fit the criteria of 4 years, 190 days, i.e., 6 months, so I should get the gratuity payment.
I have received a response stating:
"Hi,
As per the gratuity act, employees who have completed 4 years and 8 months would be eligible for the gratuity amount. However, 4 years and 190 days only apply to employees who work seasonally."
Can you please clarify:
1) Can I get my PF amount? Am I eligible? (Is there any document to support this?)
2) If the organization is not helping, who can I reach out to in order to take this up and get my hard-earned money?
Regards,
Rajesh
My Payroll team is telling me that I will not get the Gratuity amount considering I have not completed 4 years, 8 months, and I am short of 24 days.
From India, Satara
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Less than 5 years service - Eligibility for payment of gratuity.pdf