]Hi Team,
I have read the discussions here and I must say the professional guidances are awesome. My DOJ in the organization (a leading MNC) was 15/04/2008. I intend to leave the organization on 31st of December which will include my notice period. Thus I will complete 4 years, 8 months,16 days including notice period.
Am I elligible for the gratuity? And if yes, what is the calculation formula for the same which gives me a rough estimate of the amount. If no, what should be my last working day to qualify for gratuity?
looking for a favourable response,
Regards,
Aroop
From India
1I have read the discussions here and I must say the professional guidances are awesome. My DOJ in the organization (a leading MNC) was 15/04/2008. I intend to leave the organization on 31st of December which will include my notice period. Thus I will complete 4 years, 8 months,16 days including notice period.
Am I elligible for the gratuity? And if yes, what is the calculation formula for the same which gives me a rough estimate of the amount. If no, what should be my last working day to qualify for gratuity?
looking for a favourable response,
Regards,
Aroop
From India
Your last date of working should be 16/08/2013 to be elible for gratuity without any questions from management side.....
From India, Pune
From India, Pune
Thank you for your valuable response... So I'm elligible for the gratuity for 5yrs of service.... When can I apply for the same and where do I contact for the same... My company HR should be able to help me?? Can they deny the same saying 4yrs8mnths is not elligible? Where do I appeal if they do so??
From India
From India
Dear Friend,
As per the gratuity act, it is mandated that an employee shall be deemed to have completed 1 year service if he has worked for 240 days in that particular year. In your case since you will be working till 31st December 2012, you will complete 240 days of the 5th year of service. Hence the company is liable to pay you the gratuity amount due as per the formula mentioned in the Gratuity act.
A document clarifying the concept of working days is attached. It is the view taken by the Supreme court regarding the interpretation of continuous service.
I hope this helps.
Regards,
Umesh
From India, Mumbai
As per the gratuity act, it is mandated that an employee shall be deemed to have completed 1 year service if he has worked for 240 days in that particular year. In your case since you will be working till 31st December 2012, you will complete 240 days of the 5th year of service. Hence the company is liable to pay you the gratuity amount due as per the formula mentioned in the Gratuity act.
A document clarifying the concept of working days is attached. It is the view taken by the Supreme court regarding the interpretation of continuous service.
I hope this helps.
Regards,
Umesh
From India, Mumbai
Dear Aroop,
As per Gratuity Act 1972 and Gratuity Act (amended) India 2010, more than six months to be counted as a Full Year. You are eligible for 5 yrs of Gratuity, your company can't say no to it. Once the Act becomes applicable in the company, they should follow Gratuity rules. If not, you have right to ask/meet concerned departments (eg. Labour Court).
From India, Hyderabad
As per Gratuity Act 1972 and Gratuity Act (amended) India 2010, more than six months to be counted as a Full Year. You are eligible for 5 yrs of Gratuity, your company can't say no to it. Once the Act becomes applicable in the company, they should follow Gratuity rules. If not, you have right to ask/meet concerned departments (eg. Labour Court).
From India, Hyderabad
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.
FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc