Hi friends, I will be completing 5 years in my company on Jan.6th 2015. But i have submitted my resignation and currently serving the notice period, Jan.9th 2015 will be my last working day here. Am i still eligible for getting the gratuity amount ? If so what is the procedure.. Please advice..
From United States,
From United States,
517
Notice period/Probation period and for that any period is counted in service period...........
Your eligibility is from Date of Joining to date of leaving...........
As per Payment of Gratuity Act 1972; Sec2A;;;;;;;
If establishment works for 5days/week :::::::employee should have worked for 190days/year
If establishment works for more than 5days/week :::::::employee should have worked for 240days/year
If employee has worked form more than 6 months it shall be counted as 1year
All weekly off days/holidays are counted in this period....
The similar issue has been discussed in detail in following threads and employees those persist succeed:
You may go thru:
http://www.lawyersclubindia.com/forum/Gratuity-eligibility-5-years-or-4-years-240-days-111887.asp
The employee got the Gratuity payment with interest @10%pa for the delayed period......
The issue has been discussed in detail at another thread too, at:
http://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp
From India, Chandigarh
Your eligibility is from Date of Joining to date of leaving...........
As per Payment of Gratuity Act 1972; Sec2A;;;;;;;
If establishment works for 5days/week :::::::employee should have worked for 190days/year
If establishment works for more than 5days/week :::::::employee should have worked for 240days/year
If employee has worked form more than 6 months it shall be counted as 1year
All weekly off days/holidays are counted in this period....
The similar issue has been discussed in detail in following threads and employees those persist succeed:
You may go thru:
http://www.lawyersclubindia.com/forum/Gratuity-eligibility-5-years-or-4-years-240-days-111887.asp
The employee got the Gratuity payment with interest @10%pa for the delayed period......
The issue has been discussed in detail at another thread too, at:
http://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp
From India, Chandigarh
Eligibility of gratuity 4 years and 240 days including weekly off, holidays,notice period, probationer period etc. S S Rawat.
From India, Jhajjar
From India, Jhajjar
Dear Friends,
I regrete to vote to remove the response of Gaurir & S S Rawat. The forum has discussed on many occasions on applicability of payment of Gratuity as per POG Act. Gratuity is payable only on completion of 5 years continuous service. One can take benefit of Madras HC judgement, but mind well, this judgement is not having a force out of it's jurisdiction.
My humble request to the members of the forum that they should make study before posting any thing so their posts should not be misguiding / misleading.
From India, Mumbai
I regrete to vote to remove the response of Gaurir & S S Rawat. The forum has discussed on many occasions on applicability of payment of Gratuity as per POG Act. Gratuity is payable only on completion of 5 years continuous service. One can take benefit of Madras HC judgement, but mind well, this judgement is not having a force out of it's jurisdiction.
My humble request to the members of the forum that they should make study before posting any thing so their posts should not be misguiding / misleading.
From India, Mumbai
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 is not having 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 it is so, please initiate a discussion by members so that we can get correct answer. Why I am saying it, I read somewhere, though legally judgment of another High Court is not a binding precedent, has no application in respect of interpretation of Central Statutes.
From India, Mumbai
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 is not having 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 it is so, please initiate a discussion by members so that we can get correct answer. Why I am saying it, I read somewhere, though legally judgment of another High Court is not a binding precedent, has no application in respect of interpretation of Central Statutes.
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc