I joined an organization on 2nd January 2012, but I was appointed on 1st March (this date was only mentioned in the payslip and records). I resigned from that organization on 14th November 2016. Am I eligible for gratuity?
From India, Chennai
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From India, Chennai
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Dear Karthick,
From the date of your joining on 02-01-2012 until 28-02-2012, as you've mentioned, you worked for about 2 months. Were you paid the salary for this period? If so, what was the mode of disbursement - by cash or through the bank? Did the management provide you with formal appointment orders before or shortly after your joining?
Despite the factual differences, as it stands now, the burden of proof lies solely on you to provide documents showing your date of joining as 01-03-2012. Even if we consider your date of joining as 01-03-2012, you have completed a total of 4 years, 8 months, and 13 days of continuous service until your resignation on 14-11-2016, thus notionally fulfilling the minimum qualifying service for gratuity. If the Payment of Gratuity Act, 1972 applies to the organization, you are certainly eligible and entitled to gratuity as per the Act since you completed more than 240 days of service in the fifth year.
From India, Salem
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6108From the date of your joining on 02-01-2012 until 28-02-2012, as you've mentioned, you worked for about 2 months. Were you paid the salary for this period? If so, what was the mode of disbursement - by cash or through the bank? Did the management provide you with formal appointment orders before or shortly after your joining?
Despite the factual differences, as it stands now, the burden of proof lies solely on you to provide documents showing your date of joining as 01-03-2012. Even if we consider your date of joining as 01-03-2012, you have completed a total of 4 years, 8 months, and 13 days of continuous service until your resignation on 14-11-2016, thus notionally fulfilling the minimum qualifying service for gratuity. If the Payment of Gratuity Act, 1972 applies to the organization, you are certainly eligible and entitled to gratuity as per the Act since you completed more than 240 days of service in the fifth year.
From India, Salem
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