I have worked for 6 years and 6 months in a company. Out of which 2 years were on a contract basis and 4 years and 6 months were on a permanent basis. Now I am leaving the company. Am I eligible for Gratuity payment upon resignation?
From India, Ranchi
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1From India, Ranchi
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Dear Mr. Abhijitmahato,
You are very well applicable for Gratuity. According to the Gratuity Act 1972, you are eligible to get the gratuity after the completion of five years. It is calculated as one year if a person completes six months of service. Therefore, apart from the two years of your tenure, you have completed four years & 240 days, a year is deemed to be complete in terms of continuous service. Your two years of contract will also be added even if you were in a contract but should be in continuous service without a gap.
From India, Visakhapatnam
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You are very well applicable for Gratuity. According to the Gratuity Act 1972, you are eligible to get the gratuity after the completion of five years. It is calculated as one year if a person completes six months of service. Therefore, apart from the two years of your tenure, you have completed four years & 240 days, a year is deemed to be complete in terms of continuous service. Your two years of contract will also be added even if you were in a contract but should be in continuous service without a gap.
From India, Visakhapatnam
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Dear Madam,
Thank you very much for the information. I would like to inquire if 4 years and 6 months of service individually qualifies for Gratuity.
I have 2 years of contract service with a separate employee ID. Will this be combined with the aforementioned duration for gratuity calculation?
Thanks/Regards,
Abhijit Mahato
From India, Ranchi
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Thank you very much for the information. I would like to inquire if 4 years and 6 months of service individually qualifies for Gratuity.
I have 2 years of contract service with a separate employee ID. Will this be combined with the aforementioned duration for gratuity calculation?
Thanks/Regards,
Abhijit Mahato
From India, Ranchi
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Dear Mr. Mahato, Is your 2 years service along with the 4 years 6 months with the same employer? Although, your 4 years 6 months of continuos service would make you eligible for the gratuity.
From India, Visakhapatnam
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From India, Visakhapatnam
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You may fill the Form I - Application for Gratuity by an employee, can be submitted to your employer.
From India, Visakhapatnam
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From India, Visakhapatnam
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Dear Madam,
What does "further 240 days continuous service" mean? If during this period casual leave, medical leave, or earned leave are taken, will the service still be considered continuous?
Please advise.
Thanks/Regards,
Abhijit Mahato
From India, Ranchi
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What does "further 240 days continuous service" mean? If during this period casual leave, medical leave, or earned leave are taken, will the service still be considered continuous?
Please advise.
Thanks/Regards,
Abhijit Mahato
From India, Ranchi
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Dear Mr. Mahato,
The leaves are taken apart. Continuous service is service without a gap (you said a 2-year contract, and the employer might have taken you On Roll with continuous service). If there had been a gap between 2 years and 4 years 6 months, then it wouldn't be considered 6 years 6 months. Preceding 240 days of service in the 5th year is counted as 1 year of service in the company. Have you resigned from the company yet, and what is the notice period for you?
From India, Visakhapatnam
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The leaves are taken apart. Continuous service is service without a gap (you said a 2-year contract, and the employer might have taken you On Roll with continuous service). If there had been a gap between 2 years and 4 years 6 months, then it wouldn't be considered 6 years 6 months. Preceding 240 days of service in the 5th year is counted as 1 year of service in the company. Have you resigned from the company yet, and what is the notice period for you?
From India, Visakhapatnam
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Dear Madam, My joining in permanent service was 27.06.2008 and will released on 28.02.2013. Currently I am in notice period. Please advice. Thanks/Regards, Abhijit Mahato
From India, Ranchi
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From India, Ranchi
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Dear Abhijit,
As per the date specified by you, you would be completing 4 years and 8 months of service. Therefore, you will be eligible to claim Gratuity as per the Payment of Gratuity Act. Please check with your HR for the next steps after submitting Form I for gratuity. I hope this answers your query.
From India, Visakhapatnam
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As per the date specified by you, you would be completing 4 years and 8 months of service. Therefore, you will be eligible to claim Gratuity as per the Payment of Gratuity Act. Please check with your HR for the next steps after submitting Form I for gratuity. I hope this answers your query.
From India, Visakhapatnam
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