Hi Team,
I have read the discussions here, and I must say the professional guidance is awesome. My Date of Joining (DOJ) in the organization (a leading MNC) was 15/04/2008. I intend to leave the organization on the 31st of December, which will include my notice period. Thus, I will have completed 4 years, 8 months, and 16 days, including the notice period.
Am I eligible for gratuity? If yes, what is the calculation formula for the same that will give me a rough estimate of the amount? If not, what should be my last working day to qualify for gratuity?
Looking forward to a favorable response.
Regards,
Aroop
From India
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1I have read the discussions here, and I must say the professional guidance is awesome. My Date of Joining (DOJ) in the organization (a leading MNC) was 15/04/2008. I intend to leave the organization on the 31st of December, which will include my notice period. Thus, I will have completed 4 years, 8 months, and 16 days, including the notice period.
Am I eligible for gratuity? If yes, what is the calculation formula for the same that will give me a rough estimate of the amount? If not, what should be my last working day to qualify for gratuity?
Looking forward to a favorable response.
Regards,
Aroop
From India
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Your last date of working should be 16/08/2013 to be elible for gratuity without any questions from management side.....
From India, Pune
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From India, Pune
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Hi Prashant, You mean to say I need to complete 5yrs 4months???? And as per my knowledge from this forum, 4 yrs 8 mnths should be enough..
From India
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From India
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Yes, Mr. Prashant. The management has to pay the gratuity to employees who have completed 5 years of service. If a person completes 4 and a half years, they are eligible for gratuity. The calculation is as follows:
s = 15/26 * last month's salary (Basic + DA) * number of years of service
From India, Calcutta
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s = 15/26 * last month's salary (Basic + DA) * number of years of service
From India, Calcutta
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Thank you for your valuable response. So I'm eligible for the gratuity for 5 years of service. When can I apply for the same and where do I contact for it? Can my company's HR help me with this? Can they deny the claim stating that 4 years and 8 months are not eligible? Where should I appeal if they do so?
From India
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From India
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Dear Friend,
As per the Gratuity Act, it is mandated that an employee shall be deemed to have completed one year of service if they have worked for 240 days in that particular year. In your case, since you will be working until December 31, 2012, you will complete 240 days of the fifth 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, reflecting the view taken by the Supreme Court regarding the interpretation of continuous service.
I hope this helps.
Regards, Umesh
From India, Mumbai
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As per the Gratuity Act, it is mandated that an employee shall be deemed to have completed one year of service if they have worked for 240 days in that particular year. In your case, since you will be working until December 31, 2012, you will complete 240 days of the fifth 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, reflecting the view taken by the Supreme Court regarding the interpretation of continuous service.
I hope this helps.
Regards, Umesh
From India, Mumbai
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Contact your HR and you will receive gratuity at the time of full and final settlement from your company..
From India, New Delhi
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From India, New Delhi
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Dear Aroop,
As per the Gratuity Act of 1972 and the Gratuity Act (amended) of India 2010, more than six months should be counted as a full year. You are eligible for 5 years of Gratuity, and your company can't say no to it. Once the Act becomes applicable in the company, they should follow the Gratuity rules. If not, you have the right to ask or meet concerned departments (e.g., Labour Court).
From India, Hyderabad
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As per the Gratuity Act of 1972 and the Gratuity Act (amended) of India 2010, more than six months should be counted as a full year. You are eligible for 5 years of Gratuity, and your company can't say no to it. Once the Act becomes applicable in the company, they should follow the Gratuity rules. If not, you have the right to ask or meet concerned departments (e.g., Labour Court).
From India, Hyderabad
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Dear friend, As per recent Supreme Court judgement, the eligibility for gratuity,is 04 years and completion of 240 days in the last year.
From India, Bokaro
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From India, Bokaro
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