I am working with Manufacturing company from last 4.10 years.
I was joined as Graduate Trainee and also received appointment letter from this company on 01.06.2008, from june 2008 company had started to deduct my ESIC,PF and Profession Tax.
My question is that if I resign from my post in the month of June 2013, shall I eligible to receive gratuity from my employer, if not then why???
kindly reply.
Thanks
Vijay Datta Kamble
From India, Mumbai
I was joined as Graduate Trainee and also received appointment letter from this company on 01.06.2008, from june 2008 company had started to deduct my ESIC,PF and Profession Tax.
My question is that if I resign from my post in the month of June 2013, shall I eligible to receive gratuity from my employer, if not then why???
kindly reply.
Thanks
Vijay Datta Kamble
From India, Mumbai
Dear Vijay,
Usually gratuity is paid after completion of five years of continuous service from the date of joining.
But if an employee like you has worked for 4.10 years but has not completed 240 days in any year, he will not be entitled to gratuity. Therefore considering in your case that you have worked for over 240 days in previous four years and also if you have worked for over 240 days in last 10 months you'll be eligible for gratuity under Payment of Gratuity Act.
The definition of 240 days is your actual attendance on days you were present excluding holidays and weekly offs. Madras HC and SC has given judgement on the said issue in the past. I am sure same will be available on Cite HR's download section.
Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
141Usually gratuity is paid after completion of five years of continuous service from the date of joining.
But if an employee like you has worked for 4.10 years but has not completed 240 days in any year, he will not be entitled to gratuity. Therefore considering in your case that you have worked for over 240 days in previous four years and also if you have worked for over 240 days in last 10 months you'll be eligible for gratuity under Payment of Gratuity Act.
The definition of 240 days is your actual attendance on days you were present excluding holidays and weekly offs. Madras HC and SC has given judgement on the said issue in the past. I am sure same will be available on Cite HR's download section.
Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
Dear Kamble, Please find attached Madras High Court Judgment in support of your claim R.GunaShekaran Lawyer
From India, Bangalore
From India, Bangalore
Dear Kamble,
You have mentioned that you have completed 4 years & 10 months with the company till now.You have join the service on 01.06.2008 as a regular employee of the company and you have expressed your intention to resign from service in the month of next June. You don't need to take the shelter of the Madras High Court judgment mentioned by our esteemed members.You have became eligible for the payment of gratuity under the Payment of Gratuity Act,1972 by virtue of rendering a clear cut five years of service with the company.
BS Kalsi
Member since Aug 2011
From India, Mumbai
You have mentioned that you have completed 4 years & 10 months with the company till now.You have join the service on 01.06.2008 as a regular employee of the company and you have expressed your intention to resign from service in the month of next June. You don't need to take the shelter of the Madras High Court judgment mentioned by our esteemed members.You have became eligible for the payment of gratuity under the Payment of Gratuity Act,1972 by virtue of rendering a clear cut five years of service with the company.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Dear Mr. Vijay Datta Kamble,
An Employee is eligible to receive gratuity only after completing 5 years of continuous service(As per Act). But a judgement has been given by supreme court "employee is eligible for gratuity if he has done 4 years and 240 days of continuous service". So you are eligible to receive gratuity from your employer.
Regards
Selvaganapathi V
From India, Chennai
An Employee is eligible to receive gratuity only after completing 5 years of continuous service(As per Act). But a judgement has been given by supreme court "employee is eligible for gratuity if he has done 4 years and 240 days of continuous service". So you are eligible to receive gratuity from your employer.
Regards
Selvaganapathi V
From India, Chennai
Dear Nisha, Greetings for the day, Thanks for appreciation, which encourages us to be more preofessional and boost up our morale. with warm regards, BS Kalsi Member since Aug 2011
From India, Mumbai
From India, Mumbai
Dear Mr. Vijay Datta Kamble
As per the Act says 5 years completion of service is must, but Chennai HC give judgement those who is completed 4 Years 10 Months he will be eligible and he can claim the Gratuity Amount from the Company. The Company must pay the Gratuity.
Regards
Vivek R
From India, Madras
As per the Act says 5 years completion of service is must, but Chennai HC give judgement those who is completed 4 Years 10 Months he will be eligible and he can claim the Gratuity Amount from the Company. The Company must pay the Gratuity.
Regards
Vivek R
From India, Madras
Dear Vijay,
If you have joined as Graduate Trainee on 1.6.2008 you are not considered as an employee in your organization. As per the existing industrial practice you will be considered as an employee once you are given an appointment with a designation after your training period is over (one year in our organization). You will be eligible for any statutory benefits like PF, gratuity etc., only from the date of your appointment as a regular employee. Please specify your whether your appointment is in line with this or not. If it is so you will be eligible for Gratuity only after you complete 5 years continuous service from the date of your appointment as regular employee and not from the date of your being taken as Trainee.
with love
From India, Ahmadabad
If you have joined as Graduate Trainee on 1.6.2008 you are not considered as an employee in your organization. As per the existing industrial practice you will be considered as an employee once you are given an appointment with a designation after your training period is over (one year in our organization). You will be eligible for any statutory benefits like PF, gratuity etc., only from the date of your appointment as a regular employee. Please specify your whether your appointment is in line with this or not. If it is so you will be eligible for Gratuity only after you complete 5 years continuous service from the date of your appointment as regular employee and not from the date of your being taken as Trainee.
with love
From India, Ahmadabad
Dear Mr. Selvaganpathi
The Judgement regarding eligibility of Gratuity after completion of 4 yrs 240 days is Madras High Court, not of Supreme Court. Could you share the Supreme Court Judgement, if I am wrong.
Thanks & Regards
Ganesh
PS: Earlier response should have been addressed to Mr. Selvaganpathi not to Mr. Kamble, error regretted.
Ganesh
From India, Mumbai
The Judgement regarding eligibility of Gratuity after completion of 4 yrs 240 days is Madras High Court, not of Supreme Court. Could you share the Supreme Court Judgement, if I am wrong.
Thanks & Regards
Ganesh
PS: Earlier response should have been addressed to Mr. Selvaganpathi not to Mr. Kamble, error regretted.
Ganesh
From India, Mumbai
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf