Dear Sir,
I have a query related to gratuity. I am working in the IT sector in Chennai and have resigned. Previously, my company followed a rule of 4 years and 190 working days to claim gratuity, and now it follows a rule of 4 years and 240 calendar days.
My Date of joining: 15-Mar-2013
My last date in the company: 15-Dec-2017
I have worked for 4 years and 9 months. Please let me know if I am eligible to claim the gratuity amount according to the 4 years and 240 days rule and the 4 years and 190 working days rule.
Awaiting your kind reply.
From India, Chennai
2I have a query related to gratuity. I am working in the IT sector in Chennai and have resigned. Previously, my company followed a rule of 4 years and 190 working days to claim gratuity, and now it follows a rule of 4 years and 240 calendar days.
My Date of joining: 15-Mar-2013
My last date in the company: 15-Dec-2017
I have worked for 4 years and 9 months. Please let me know if I am eligible to claim the gratuity amount according to the 4 years and 240 days rule and the 4 years and 190 working days rule.
Awaiting your kind reply.
From India, Chennai
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Yes, you are eligible as per Payment of Gratuity Act .You have completed more than 4 years and 240 days of service.
From India, Mumbai
From India, Mumbai
Rule position is as follows:
Section 2A indicates that 'Continuous service' means uninterrupted service and includes service interrupted by sickness, disablement due to accident during the course and arising out of employment, earned leave, maternity leave in the case of females (max 12 weeks), lay off, strike, or a lockout, or cessation of work not due to any fault of the employee concerned. If the service is interrupted by causes other than those enumerated above, it will not be deemed continuous. Section 2-A further provides that the employee shall be deemed to be in continuous service if, for a minimum number of days, the employee has been actually employed and worked. In the case of persons employed below the ground of a mine, at least 190 days, and in any other case for at least 240 days in a year, the employee must have worked. If the period to be reckoned is 6 months, then the above minimum number of days will be not less than 95 days in the case of mines and 120 days in other cases.
Entitlement of gratuity arises on completion of five years of continuous service subject to the above rules. The company may contest a gratuity claim.
From India, Pune
Section 2A indicates that 'Continuous service' means uninterrupted service and includes service interrupted by sickness, disablement due to accident during the course and arising out of employment, earned leave, maternity leave in the case of females (max 12 weeks), lay off, strike, or a lockout, or cessation of work not due to any fault of the employee concerned. If the service is interrupted by causes other than those enumerated above, it will not be deemed continuous. Section 2-A further provides that the employee shall be deemed to be in continuous service if, for a minimum number of days, the employee has been actually employed and worked. In the case of persons employed below the ground of a mine, at least 190 days, and in any other case for at least 240 days in a year, the employee must have worked. If the period to be reckoned is 6 months, then the above minimum number of days will be not less than 95 days in the case of mines and 120 days in other cases.
Entitlement of gratuity arises on completion of five years of continuous service subject to the above rules. The company may contest a gratuity claim.
From India, Pune
CiteHR.AI
(Fact Check Failed/Partial)-The user reply contains some relevant information about continuous service and entitlement to gratuity. However, it lacks a direct answer to the user's specific query about eligibility under 4 years 240 days and 4 years 190 working days rules. Additionally, the reply could be more concise and focused on addressing the user's concern.
As specified by Nathrao - You have not completed continuous service of 5 years. This provision of 4 years + 190 or 240 days became applicable in case of termination of employment, retrenchment, or termination of employment on the basis of Award. You have resigned from employment, and your claim of Payment of Gratuity will not be entertained by your employer as so many established case laws are available.
From India, Mumbai
From India, Mumbai
CiteHR.AI
(Fact Check Failed/Partial)-The user reply is incorrect. As per the Payment of Gratuity Act, for eligibility, an employee must have completed a minimum of 5 years of continuous service. Resignation does not qualify for gratuity.
Hi Sentha,
The topic of eligibility for a person who has worked for 4 years and 240 days has been widely discussed in the past, and people have varied interpretations on the topic. According to The Payment of Gratuity Act 1972, to be eligible, a person must have rendered 5 years of service without interruptions, excluding any lockouts, accidents during employment, etc., that are not beyond the control of the employee.
In a judgment by the Madras High Court, where the employee filed a case against the company, similar to the case you are claiming here, the decision was in favor of the employee. Through the regular process, if you file your case with the employer, they may reject the application submitted in Form 1; however, this application process cannot be avoided. If your employer fails to provide the required documents, typically due to an interpretation of the act, you may file the case first with the local area assistant labor commissioner, referring to the attached case copy.
It may also occur that you will not achieve your desired outcome through labor channels; in that case, you may need to approach the honorable court for resolution. If you require any assistance in this matter, please feel free to contact me at the number provided below.
From India, New Delhi
The topic of eligibility for a person who has worked for 4 years and 240 days has been widely discussed in the past, and people have varied interpretations on the topic. According to The Payment of Gratuity Act 1972, to be eligible, a person must have rendered 5 years of service without interruptions, excluding any lockouts, accidents during employment, etc., that are not beyond the control of the employee.
In a judgment by the Madras High Court, where the employee filed a case against the company, similar to the case you are claiming here, the decision was in favor of the employee. Through the regular process, if you file your case with the employer, they may reject the application submitted in Form 1; however, this application process cannot be avoided. If your employer fails to provide the required documents, typically due to an interpretation of the act, you may file the case first with the local area assistant labor commissioner, referring to the attached case copy.
It may also occur that you will not achieve your desired outcome through labor channels; in that case, you may need to approach the honorable court for resolution. If you require any assistance in this matter, please feel free to contact me at the number provided below.
From India, New Delhi
CiteHR.AI
(Fact Checked)-[response] (1 Acknowledge point)
Hi all,
Thanks for your response. I have mentioned below details as specified in our company's gratuity policy.
Gratuity Policy Objective:
This is a statutory payment as per the Payment of Gratuity Act, 1972. Gratuity payment for eligible employees, for their service period of not less than 4 years and 240 calendar days, will be paid as part of their final settlement.
Eligibility:
In the case of separation due to resignation or retirement, gratuity is payable if you have rendered continuous service for not less than 4 years and 240 calendar days (continuous service refers to working days excluding LOP).
My date of joining: 15-Mar-2013
End date: 15-Dec-2017
I completed 4 years and 9 months (including weekends, public holidays, sick leave, and paid leaves) in my company. So kindly clarify, based on the above statement, whether I am eligible to receive the gratuity amount as part of the final settlement?
Thank you.
From India, Chennai
Thanks for your response. I have mentioned below details as specified in our company's gratuity policy.
Gratuity Policy Objective:
This is a statutory payment as per the Payment of Gratuity Act, 1972. Gratuity payment for eligible employees, for their service period of not less than 4 years and 240 calendar days, will be paid as part of their final settlement.
Eligibility:
In the case of separation due to resignation or retirement, gratuity is payable if you have rendered continuous service for not less than 4 years and 240 calendar days (continuous service refers to working days excluding LOP).
My date of joining: 15-Mar-2013
End date: 15-Dec-2017
I completed 4 years and 9 months (including weekends, public holidays, sick leave, and paid leaves) in my company. So kindly clarify, based on the above statement, whether I am eligible to receive the gratuity amount as part of the final settlement?
Thank you.
From India, Chennai
CiteHR.AI
(Fact Checked)-The user reply is partially correct. As per the Payment of Gratuity Act, 1972, the employee is eligible for gratuity after completing 4 years and 240 days of continuous service. Weekends, public holidays, sick leave, and paid leave are included in the calculation of continuous service. The user is eligible for gratuity based on the information provided. (1 Acknowledge point)
Dear Mr. Sentha,
Since you have completed 4 years and 309 days of service, even as per your company's policy, you are entitled to Gratuity. The policy excludes LOP only for calculating continuous service.
From India, Chandigarh
Since you have completed 4 years and 309 days of service, even as per your company's policy, you are entitled to Gratuity. The policy excludes LOP only for calculating continuous service.
From India, Chandigarh
CiteHR.AI
(Fact Check Failed/Partial)-The user reply is incorrect. According to the Payment of Gratuity Act, the gratuity calculation should be based on completed years of service, with 240 days considered as one year for employees working six days a week. In this case, the individual has completed more than 4 years of service and is eligible for gratuity.
Hello Mr. Subramanigopala,
The service tenure of Mr. Sentha works out to 4 years and 275 days. Yes, as per the court judgment on eligibility for gratuity, Mr. Sentha is qualified for the benefit of gratuity payment. However, for instance, if Mr. Sentha had availed around 40 unpaid leaves approved by his employer, would he still qualify for the gratuity benefit payment?
Joining Date: 15 March 2013
Last Working Day (Service End Date): 15 December 2017
Unpaid Leaves Availed: 40 Days
Gross Service Period: 4 Years 275 Days
Net Service Period (Excluding LOP Leaves): 4 Years 235 Days.
Please advise/explain.
Thanks and Regards,
Lancy Menezes
Mobile # 87799 72491
From India, Mumbai
The service tenure of Mr. Sentha works out to 4 years and 275 days. Yes, as per the court judgment on eligibility for gratuity, Mr. Sentha is qualified for the benefit of gratuity payment. However, for instance, if Mr. Sentha had availed around 40 unpaid leaves approved by his employer, would he still qualify for the gratuity benefit payment?
Joining Date: 15 March 2013
Last Working Day (Service End Date): 15 December 2017
Unpaid Leaves Availed: 40 Days
Gross Service Period: 4 Years 275 Days
Net Service Period (Excluding LOP Leaves): 4 Years 235 Days.
Please advise/explain.
Thanks and Regards,
Lancy Menezes
Mobile # 87799 72491
From India, Mumbai
CiteHR.AI
(Fact Check Failed/Partial)-The user's reply is incorrect. The calculation of the net service period excluding LOP leaves should be 4 years 235 days, not 4 years 275 days. The unpaid leaves do not impact gratuity eligibility.
Dear Sir,
I have a query related to gratuity. I am working for a manufacturing company and have resigned.
My Date of joining: 27-July-2014
My last date in the company: 10-March-2019
I have worked for 4 years, 7 months, and 1 week. Please let me know if I am eligible to claim the gratuity amount.
I am awaiting your kind reply.
From India, Pune
I have a query related to gratuity. I am working for a manufacturing company and have resigned.
My Date of joining: 27-July-2014
My last date in the company: 10-March-2019
I have worked for 4 years, 7 months, and 1 week. Please let me know if I am eligible to claim the gratuity amount.
I am awaiting your kind reply.
From India, Pune
CiteHR.AI
(Fact Check Failed/Partial)-The user reply is incorrect. To be eligible for gratuity, an employee must have completed a continuous service of 4 years and 240 days. Your service of 4 years 7 months 1 week does not meet the 240-day requirement. Therefore, you are not eligible for claiming gratuity amount based on the provided information.
Hi, Sir,
As discussed, I need the following legal opinion on the points below:
1. One of our employees has not completed continuous service of 5 years.
2. They left the company after 4 years, 10 months, and 25 days (i.e., from 06-11-2006 to 30-09-2011).
3. Are they eligible for the Payment of Gratuity Act-1972?
4. According to the Act, employees are entitled to gratuity payment upon completion of 5 years of service.
From India, New Delhi
As discussed, I need the following legal opinion on the points below:
1. One of our employees has not completed continuous service of 5 years.
2. They left the company after 4 years, 10 months, and 25 days (i.e., from 06-11-2006 to 30-09-2011).
3. Are they eligible for the Payment of Gratuity Act-1972?
4. According to the Act, employees are entitled to gratuity payment upon completion of 5 years of service.
From India, New Delhi
CiteHR.AI
(Fact Check Failed/Partial)-The user's reply contains inaccuracies. According to the Payment of Gratuity Act, 1972, an employee is eligible for gratuity on completion of 5 years of continuous service, not 4 years and 10 months. The employee in question would not be eligible based on the provided service duration.Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
CiteHR.AI
(Fact Check Failed/Partial)-The user's reply is incorrect. According to the Payment of Gratuity Act, the eligibility criteria for gratuity is completion of continuous service of 4 years and 240 days. The user in the original post has not completed the required 240 days.