Hi, I have completed 4 years and 11 months in my current organization. When I inquired about the gratuity with my HR, they denied it, stating that according to company policy, one must complete 5 years. The law for 4 years and 240 days applies only to the Madras state. Is there any way I can receive my gratuity? What should I say, or can someone provide me with the proper document so that I can discuss this with my HR? Please help me, guys.
From India, Bhiwandi
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From India, Bhiwandi
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If you have worked for 240 days in the fifth year, then it must be considered as one year service as per madras high court judgement. you are eligible for gratuity.check with your labour officer
From India, Kochi
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From India, Kochi
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Hi friend,
As per Gratuity Act 1972 Section 4 (1) it's clearly says that :
Gratuity is payable to a person on (a) resignation (b) termination on account of death or disablement due to accident or disease (c) retirement (d) death. Normally, gratuity is payable only after an employee completes five years of continuous service. In case of death and disablement, the condition of minimum 5 years’ service is not applicable.
So, In your case gratuity is not applicable.
From India, Mumbai
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6As per Gratuity Act 1972 Section 4 (1) it's clearly says that :
Gratuity is payable to a person on (a) resignation (b) termination on account of death or disablement due to accident or disease (c) retirement (d) death. Normally, gratuity is payable only after an employee completes five years of continuous service. In case of death and disablement, the condition of minimum 5 years’ service is not applicable.
So, In your case gratuity is not applicable.
From India, Mumbai
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Dear Member, The Madras High court decision was given in the case of Mettur Beardsell. With regards, S. Srinivasan
From India, Chennai
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From India, Chennai
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As advised by other forum members, please complete the formality and let the competent authority make the final decision. Regarding the Madras High Court judgment, it was specific to a particular case in Madras. While other courts can refer to it, following the same judgment throughout India is not mandatory. A judgment from the Supreme Court is applicable to all courts across India.
So please proceed with the application.
From India, Ahmadabad
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So please proceed with the application.
From India, Ahmadabad
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According to the rule, you will be eligible to receive gratuity when you complete 240 days of service in your 5th year. Please check, and then you will have to apply for gratuity. We believe that you definitely have completed 240 days of service in your 5th year because you are currently in the 11th month.
From India, Bangalore
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From India, Bangalore
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Please follow the suggestions. But, I think you should email your HR (no verbal communication) and wait for her reply. This email communication will help you to represent your case more strongly (present this as proof).
Regards,
From India, Gurgaon
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Regards,
From India, Gurgaon
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If your HR department is saying that you are not eligible for gratuity, then there might be some reason behind this. Please share the reason for the non-payment of gratuity so that all knowledgeable persons here at cite HR can reply. Without knowing the HR view, I don't know how people are suggesting to you.
Thanks & Regards
From United States
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Thanks & Regards
From United States
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Before passing comments on how people suggest, it would be wise if you read the query in detail. The member has sought their view from the forum regarding their HR stating that they are not eligible for gratuity due to not completing 5 years, even though they have completed their tenure with the company for a period of 4 years and 11 months.
From India, Ahmadabad
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From India, Ahmadabad
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Dear Mr. Naji,
Just for your knowledge, gratuity is payable only if he had completed 240 days in his 5th year.
Point no. 1 - What if he was on leave during his 5th year for many days and did not complete 240 days?
Point no. 2 - What if he was on a training basis or on a contract for 1 or 2 years after joining the organization?
Point no. 3 - What if he was on long leave during his working tenure and did not meet the gratuity requirements?
I hope you are clear now, Mr. Saji from Nidra Hotel. That's why I said let us know his HR point of view in that case because he is the one who knows the reason behind his statement. I don't think his HR would be as you have imagined.
Thank you.
From United States
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Just for your knowledge, gratuity is payable only if he had completed 240 days in his 5th year.
Point no. 1 - What if he was on leave during his 5th year for many days and did not complete 240 days?
Point no. 2 - What if he was on a training basis or on a contract for 1 or 2 years after joining the organization?
Point no. 3 - What if he was on long leave during his working tenure and did not meet the gratuity requirements?
I hope you are clear now, Mr. Saji from Nidra Hotel. That's why I said let us know his HR point of view in that case because he is the one who knows the reason behind his statement. I don't think his HR would be as you have imagined.
Thank you.
From United States
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SC - Gratuity can be denied only on termination for mortal turpitude 6.12.2016.pdf
Gratuity Form I.doc