Anonymous
2

Dear Sir,

I worked in my last company from 01 Nov 2007 to 15 Sep 2012, totaling 4 years, 10 months, and fourteen days. Am I eligible for gratuity? Please help.

Regards,
Amar Srivastava
Mob: 9958400322
Gurgaon, Haryana

From India, Gurgaon

Dear Amar ji, Surenderji is correct in replying to you. However, you can make a request to your employer. It is up to the employer whether to accept your request or not. If I were your employer, I would not accept. Why should I accept a request from a person who is leaving me? You are requested to go through earlier threads/postings on the same subject, including those from me.
From India, Mumbai

Dear Surender Ji, I read the threads & found a judgement of madras highcourt for gratuty as per attachment, which is i think 4 yrs & 240 days, Please confirm if i am correct.
From India, Gurgaon
Attached Files (Download Requires Membership)
File Type: pdf Madras%20High%20Court%20_%20Gratuity%20Judgement.pdf (1.55 MB, 382 views)


Yes, I agree with Mr. Keshav Ji.

A wide discussion has already been made on the subject matter. It is still a grey area despite a judgment of HCM. The querist may visit other threads on the same issues made on this Citehr.

Pkjain

From India, Delhi

If you have worked 240 days in the last year (including valid leave days), you are entitled to gratuity. You should file a gratuity claim with your employer first. If the employer fails to make the payment of gratuity within 30 days from the separation of service, you may file an application for gratuity before the controlling authority of your area (Labour Commissioner).
From India, Patna

Dear Anand ji,

If you have any case in which the controlling authority has directed the employer to pay Gratuity under similar circumstances, then please share it with The HR Community. You are advised to go through earlier threads and postings on the same subject matter by some of the members and review your view.

From India, Mumbai

Please find the order of the Honble,Court and take legal steps for Gratuity Claim Anand
From India, Patna
Attached Files (Download Requires Membership)
File Type: pdf PG ACT Cont service.pdf (1.55 MB, 295 views)


Dear Anand ji,
With due respect to you, I say that you have responded without going thru’ the earlier threads and postings in the same subject by some of our colleagues. I am giving a link of one of the threads for your ready reference in which many points are discussed including the case law you have given in your above posting.
https://www.citehr.com/437987-grartuity.html
After reading the above thread and postings in the said link, you can have your own view or inference which may be different than me and other colleagues.
Dear Anand ji, I appreciate your posting. We have to learn (and unlearn also some things) by this way only. All the best.

From India, Mumbai

Dear Anandji,

After completion of 240 days, an employee is not entitled to get Gratuity. Please refer to the Gratuity Act. The act states that an employee is entitled to receive Gratuity if they have completed 5 years of continuous service. In that case, they will receive Gratuity as per the following formula: Basic + DA * 15/26.

I believe this information will help you get the right details.

Devendra

From India, Pune

Dear Anand ji, For gratuity claim minimum continuous year of service must be 4 yr & 240 days by an employee. with regards Manoj
From India, Vadodara

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