I was hired on the 20th of June 2014. My management requested my resignation on the 14th of January 2019 with a two-month notice period. Now, I am wondering whether I am eligible for gratuity or not. Please respond as soon as possible.
From India, Belgaum
Acknowledge(0)
Amend(0)
From India, Belgaum
Acknowledge(0)Amend(0)
Dear Raja,
You are not eligible for gratuity as gratuity requires a continuous service of 5 years. However, as your management has asked you to resign, I suggest you negotiate a notice pay along with the 2 months they have given you.
Regards,
Rahul
From India, Delhi
Acknowledge(0)Amend(0)
162You are not eligible for gratuity as gratuity requires a continuous service of 5 years. However, as your management has asked you to resign, I suggest you negotiate a notice pay along with the 2 months they have given you.
Regards,
Rahul
From India, Delhi
Acknowledge(0)Amend(0)
To me, the question seems to be unclear regarding the effective date of the proposed resignation, as it appears to be a forced resignation. The issue at hand is whether the individual is being asked to submit their resignation on 14-01-2019 with a two months' notice period to ensure that their right to gratuity remains unaffected, or if they should resign on 14-01-2019, before the notice period falls, thus potentially depriving them of eligibility for gratuity under the Payment of Gratuity Act, 1972.
From India, Salem
Acknowledge(0)Amend(0)
From India, Salem
Acknowledge(0)Amend(0)
Yes, in my opinion and as per various case laws you are eligible for gratuity as you have completed 4 years and more than 6 months of eligible service .
From India, Kolkata
Acknowledge(0)Amend(0)
From India, Kolkata
Acknowledge(0)Amend(0)
Dear Rahulbhardwaj,
As per your post i understand that you were supposed to Resign in 14th January and should serve 2 months notice period after that mean you will be revealed on 14th of March.
If my understanding is correct then Yes, you are eligible to get Gratuity. It is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service.
Regards,
Vidhya
Executive HR
Bengaluru
From India, Bengaluru
Acknowledge(0)Amend(0)
As per your post i understand that you were supposed to Resign in 14th January and should serve 2 months notice period after that mean you will be revealed on 14th of March.
If my understanding is correct then Yes, you are eligible to get Gratuity. It is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service.
Regards,
Vidhya
Executive HR
Bengaluru
From India, Bengaluru
Acknowledge(0)Amend(0)
Dear All,
I worked with an MNC-based Healthcare IT industry (KPO - Hyderabad) company for 8 years and was relieved on the 31st of March '19. Until now, I have not received my Gratuity (My last Basic is 17,800), and I have received my relieving letter for this period. HR said they would credit my gratuity amount directly into my account after a month, but it has not happened. Now two months have passed, and there has been no response to emails, calls, or messages from HR. I believe they may be trying to refuse my gratuity. Regarding PF, I have completed my EKYC (UAN) with no issues. Finally, I have decided to pursue legal action. Please advise me on how to file a case against my employer.
My query is simply to provide me with any hints on taking necessary action in this regard.
Regards,
Pratap Reddy
From India, Hyderabad
Acknowledge(0)Amend(0)
I worked with an MNC-based Healthcare IT industry (KPO - Hyderabad) company for 8 years and was relieved on the 31st of March '19. Until now, I have not received my Gratuity (My last Basic is 17,800), and I have received my relieving letter for this period. HR said they would credit my gratuity amount directly into my account after a month, but it has not happened. Now two months have passed, and there has been no response to emails, calls, or messages from HR. I believe they may be trying to refuse my gratuity. Regarding PF, I have completed my EKYC (UAN) with no issues. Finally, I have decided to pursue legal action. Please advise me on how to file a case against my employer.
My query is simply to provide me with any hints on taking necessary action in this regard.
Regards,
Pratap Reddy
From India, Hyderabad
Acknowledge(0)Amend(0)
Hi,
At the time of relieving, have you made a request in writing to your employer? Whether yes or no, please send a request letter again. The employer has to settle gratuity within 30 days from the date of relieving. However, some companies take time to settle. In case of no response from the employer, call your HR and find out. As a last measure, you can file the case with the Assistant Commissioner of Labour of your jurisdiction. This is as per the Act.
From India, Madras
Acknowledge(0)Amend(0)
At the time of relieving, have you made a request in writing to your employer? Whether yes or no, please send a request letter again. The employer has to settle gratuity within 30 days from the date of relieving. However, some companies take time to settle. In case of no response from the employer, call your HR and find out. As a last measure, you can file the case with the Assistant Commissioner of Labour of your jurisdiction. This is as per the Act.
From India, Madras
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx