Date of Joining is May 3, 2010, I will leave the organization on March 31, 2015. No break in my service. BPO company. 5 days work in a week. One month 3 days shortaget to complete 5 years. HR says minimum 5 years needed. I also heard that 4 years plus 240 days enough. Can I claim for gratuity? Please advise.
From India, Kolkata
1From India, Kolkata
Payment of gratuity act 1972 4(1) clearly says that after completion of 5 years, you can apply for gratuity by producing the Form 1 to the employer.
Employer has right to refuse your application saying that you have not completed 5 years.
If you go to Labour court, you are forced to prove that you have completed 240 days x 5 to avail the gratuity. ( For Eg: May be payslips will have no of days you were present. Need to show 5 years payslips as proof)
If you have proof, you can proceed legally.
From India, Chennai
Employer has right to refuse your application saying that you have not completed 5 years.
If you go to Labour court, you are forced to prove that you have completed 240 days x 5 to avail the gratuity. ( For Eg: May be payslips will have no of days you were present. Need to show 5 years payslips as proof)
If you have proof, you can proceed legally.
From India, Chennai
Thanks for clarification. Payslips can be provided as it comes to my personal email. Let me know how long it takes me to get the gratuity if I go legally.
From India, Kolkata
From India, Kolkata
You have to raise complaint in labour officer / commissioner. You and employer will get hearing notice with in 1 to 3 months, then if both of them didnt come to a conclusion for approx one year in labour office, it will be directed to labour court. It may take 2 to 4 years to complete the case in court.
If you raise complaint in labour office, they may not accept your complaint due to you have not completed 5 years. You have to show them some case references in which court have granted order to pay gratuity even though employee has not completed 5 years. Once they accept your complaint and if the hearing letter have been sent to employer. some employers may come down, will pay and get rid of the case.
Some employers will want to challenge the case and will go to supreme court level. They take it as prestige issue.
From India, Chennai
If you raise complaint in labour office, they may not accept your complaint due to you have not completed 5 years. You have to show them some case references in which court have granted order to pay gratuity even though employee has not completed 5 years. Once they accept your complaint and if the hearing letter have been sent to employer. some employers may come down, will pay and get rid of the case.
Some employers will want to challenge the case and will go to supreme court level. They take it as prestige issue.
From India, Chennai
Dear Member,
Please read the Payment of Gratuity Act 1972. You are definitely entitled to the gratuity as you seem to have completed 4 years and 240 working days in the fifth year. If you indicate your knowledge of the Gratuity Act Ruling to your employer, I am sure that they will decide to pay your due gratuity.
From India, Delhi
Please read the Payment of Gratuity Act 1972. You are definitely entitled to the gratuity as you seem to have completed 4 years and 240 working days in the fifth year. If you indicate your knowledge of the Gratuity Act Ruling to your employer, I am sure that they will decide to pay your due gratuity.
From India, Delhi
Dear member,
According to the Payment of Gratuity Act 1972 (New Amendment) the following Rule is applicable presently:-
5 years applicability of service is outdated and no more into existence, please note. The correct answer is:
1) 4 years & 8 months / 240 days of continous service
(or 240 days to be precise for organizations working 6 days a week)
i.e. working from Monday to Saturday incase of a BPO (6 days work culture)
or
2) 4 years & 190 days / 6 months of continous service
(in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week )
i.e. working from Monday to Friday incase of a BPO (5 days work culture)
Referring the above examples, your total period of service comes around:-
Date of Joining - 03/05/2010
Date of Leaving - 31/03/2015
Total Period of Service as per above is - 4 Years, 10 Months & 29 Days
Be Firm & confident in your understanding now and humbly go to the employer and CLAIM YOUR RIGHT as you are entitled to Gratuity Payment under Gratuity Act and Regulations.
Best Regards
Swapna Samant
From India, Mumbai
According to the Payment of Gratuity Act 1972 (New Amendment) the following Rule is applicable presently:-
5 years applicability of service is outdated and no more into existence, please note. The correct answer is:
1) 4 years & 8 months / 240 days of continous service
(or 240 days to be precise for organizations working 6 days a week)
i.e. working from Monday to Saturday incase of a BPO (6 days work culture)
or
2) 4 years & 190 days / 6 months of continous service
(in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week )
i.e. working from Monday to Friday incase of a BPO (5 days work culture)
Referring the above examples, your total period of service comes around:-
Date of Joining - 03/05/2010
Date of Leaving - 31/03/2015
Total Period of Service as per above is - 4 Years, 10 Months & 29 Days
Be Firm & confident in your understanding now and humbly go to the employer and CLAIM YOUR RIGHT as you are entitled to Gratuity Payment under Gratuity Act and Regulations.
Best Regards
Swapna Samant
From India, Mumbai
Hello,
I dont think there is an amendment of the above claim by Ms. Swapna. In new amendment in 2010, Govt increased the sealing limit from 3.5 lakhs to 10 lakhs. If you have any amendment copy claims the above revisions. Please let me also know.
Act clearly says that completion of 5 years. Where there are some judgements "Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)]" says that completion of 4 years and 8 months.. But it must have taken so much of time to avail this gratuity through court. And Employer always has right to reject the claim if employee claims gratuity without completion of 5 years.
Thanks
From India, Chennai
I dont think there is an amendment of the above claim by Ms. Swapna. In new amendment in 2010, Govt increased the sealing limit from 3.5 lakhs to 10 lakhs. If you have any amendment copy claims the above revisions. Please let me also know.
Act clearly says that completion of 5 years. Where there are some judgements "Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)]" says that completion of 4 years and 8 months.. But it must have taken so much of time to avail this gratuity through court. And Employer always has right to reject the claim if employee claims gratuity without completion of 5 years.
Thanks
From India, Chennai
Dear stephen,
You are right the 5 years of gratuity clause is still existing (as I presently checked with the labour laws Consultant in my Networking) I was slightly wrong in my earlier post.
But stephen, he also mentioned to me that as per Gratuity Rules & regulation any working employee who has completed the service period of minimum 4 years &
6 months i.e. 4.6 years, 4.7 years, 4.8 years - -------------- upto 4 years 10 months , 4 years 11 months or upto 5 years and more 9exceeding) is absolutely eligible and entitled to get an Gratuity payment from the Company.
Gratuity is payable irrespective of whether you are terminated, superannuated or resign, so long as you have worked for a continuous period of 5 years or more than 4 years and 6 months, employer cannot express denial to pay grautity amount.
You may complain to the labour commissioner of the area where you were working.
Best Regards
Swapna Samant
From India, Mumbai
You are right the 5 years of gratuity clause is still existing (as I presently checked with the labour laws Consultant in my Networking) I was slightly wrong in my earlier post.
But stephen, he also mentioned to me that as per Gratuity Rules & regulation any working employee who has completed the service period of minimum 4 years &
6 months i.e. 4.6 years, 4.7 years, 4.8 years - -------------- upto 4 years 10 months , 4 years 11 months or upto 5 years and more 9exceeding) is absolutely eligible and entitled to get an Gratuity payment from the Company.
Gratuity is payable irrespective of whether you are terminated, superannuated or resign, so long as you have worked for a continuous period of 5 years or more than 4 years and 6 months, employer cannot express denial to pay grautity amount.
You may complain to the labour commissioner of the area where you were working.
Best Regards
Swapna Samant
From India, Mumbai
Yes. That is what i was telling. There was no amendment like that in gratuity act. There were court orders. But it will be on case to case basis. We cant take it as an global order.
Employer has right to reject the claim as he has not completed 5 years as per the act.
But Employee is always welcome to approach Labour office to defend his claim as per court orders and he has to prove that he has worked as per those court orders.
If it is satisfied, court may give award to employer to pay the eligible gratuity.
Thanks
From India, Chennai
Employer has right to reject the claim as he has not completed 5 years as per the act.
But Employee is always welcome to approach Labour office to defend his claim as per court orders and he has to prove that he has worked as per those court orders.
If it is satisfied, court may give award to employer to pay the eligible gratuity.
Thanks
From India, Chennai
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