Hi friends, I will be completing five years in my company on January 6th, 2015. However, I have submitted my resignation and am currently serving the notice period; January 9th, 2015, will be my last working day here. Am I still eligible for receiving the gratuity amount? If so, what is the procedure? Please advise.
From United States,
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From United States,
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Dear Karvig12, As your service is more than 5 years, you are eligible for gratuity claim. Abbas.P.S
From India, Bangalore
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552From India, Bangalore
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As per gratuity rule one need to serve 240 days in each year to avail the benefit. I hope that in the last five year you have served 240 days in each year.
From India, Krishnanagar
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From India, Krishnanagar
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Dear Karvig12 Gratuity is applicable once you complete 4 years and 240 days in the fifth year . so You are eligible for the same.
From India, Mumbai
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From India, Mumbai
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Notice period and probation period, and for that, any period is counted in the service period.
Your eligibility is from the Date of Joining to the date of leaving.
As per the Payment of Gratuity Act 1972; Sec 2A:
If the establishment works for 5 days/week, the employee should have worked for 190 days/year.
If the establishment works for more than 5 days/week, the employee should have worked for 240 days/year.
If an employee has worked for more than 6 months, it shall be counted as 1 year. All weekly off days/holidays are counted in this period.
The similar issue has been discussed in detail in the following threads, and employees who persist succeed:
You may go through:
http://www.lawyersclubindia.com/forum/Gratuity-eligibility-5-years-or-4-years-240-days-111887.asp
The employee received the Gratuity payment with interest at 10% per annum for the delayed period.
The issue has been discussed in detail on another thread as well, at:
http://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp
From India, Chandigarh
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Your eligibility is from the Date of Joining to the date of leaving.
As per the Payment of Gratuity Act 1972; Sec 2A:
If the establishment works for 5 days/week, the employee should have worked for 190 days/year.
If the establishment works for more than 5 days/week, the employee should have worked for 240 days/year.
If an employee has worked for more than 6 months, it shall be counted as 1 year. All weekly off days/holidays are counted in this period.
The similar issue has been discussed in detail in the following threads, and employees who persist succeed:
You may go through:
http://www.lawyersclubindia.com/forum/Gratuity-eligibility-5-years-or-4-years-240-days-111887.asp
The employee received the Gratuity payment with interest at 10% per annum for the delayed period.
The issue has been discussed in detail on another thread as well, at:
http://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp
From India, Chandigarh
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Eligibility of gratuity 4 years and 240 days including weekly off, holidays,notice period, probationer period etc. S S Rawat.
From India, Jhajjar
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From India, Jhajjar
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Dear Friends,
I regret to note the decision to remove the responses from Gaurir and S. S. Rawat. The forum has discussed, on many occasions, the applicability of gratuity payment as per the POG Act. Gratuity is only payable upon completion of 5 years of continuous service. While one can benefit from the Madras High Court judgment, it is important to note that this judgment does not have authority beyond its jurisdiction.
My humble request to the members of the forum is that they should conduct thorough research before posting anything to ensure their posts are not misleading.
Thank you.
From India, Mumbai
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I regret to note the decision to remove the responses from Gaurir and S. S. Rawat. The forum has discussed, on many occasions, the applicability of gratuity payment as per the POG Act. Gratuity is only payable upon completion of 5 years of continuous service. While one can benefit from the Madras High Court judgment, it is important to note that this judgment does not have authority beyond its jurisdiction.
My humble request to the members of the forum is that they should conduct thorough research before posting anything to ensure their posts are not misleading.
Thank you.
From India, Mumbai
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Mr. Kargaonkar K A, Please illustarte why the judgement of Madras High Court shall not be having jurisdiction or for that matter any effect and Force outside Madras?
From India, Chandigarh
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From India, Chandigarh
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Dear Ddiaba, You need to study the jurisdiction and powers of courts in India and its binding effects as given by our Constitution. It is subject itself.
What I studied in Law and what I remember now is that the decision of one high court does not have binding precedence for another high court. It has a binding precedence in its own state or territory.
May I know why you asked the question? Do you have any doubt on it? If so, please initiate a discussion with members so that we can get the correct answer. I read somewhere that although legally the judgment of another High Court is not a binding precedent, it has no application in the interpretation of Central Statutes.
From India, Mumbai
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What I studied in Law and what I remember now is that the decision of one high court does not have binding precedence for another high court. It has a binding precedence in its own state or territory.
May I know why you asked the question? Do you have any doubt on it? If so, please initiate a discussion with members so that we can get the correct answer. I read somewhere that although legally the judgment of another High Court is not a binding precedent, it has no application in the interpretation of Central Statutes.
From India, Mumbai
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I have a question. Is gratuity a part of CTC, and does it get deducted from the salary every month? If an employee leaves before completing 5 years, for example, resigning within 3 years, are they eligible to withdraw their gratuity? The gratuity amount is mentioned on their CTC copy!
From India, New Delhi
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From India, New Delhi
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