An employee completed 18 years of service in 2014 and then became disabled, submitting his ESIC Medical in the company. After two years of ESIC Medical, he submitted his resignation to the company. Now, can you help me determine how much gratuity he is entitled to? Is it for 18 years of service alone or for a total of 20 years (18 years + 2 years of ESIC Medical)?
Please help me clarify this.
From India, Rohtak
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5Please help me clarify this.
From India, Rohtak
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Hi Vedvert,
There is no connection of ESIC with gratuity at all. Gratuity is based on 'continuous service' rendered in an organization covered under the Payment of Gratuity Act. Please let me know the status of your company/where you were working.
Is it a private sector or semi-government sector? Is it a factory or a firm registered under the Shops & Commercial Establishments Act? State whether the Payment of Gratuity Act is applicable to your company.
From India, Bangalore
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There is no connection of ESIC with gratuity at all. Gratuity is based on 'continuous service' rendered in an organization covered under the Payment of Gratuity Act. Please let me know the status of your company/where you were working.
Is it a private sector or semi-government sector? Is it a factory or a firm registered under the Shops & Commercial Establishments Act? State whether the Payment of Gratuity Act is applicable to your company.
From India, Bangalore
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Dear Sir,
Thank you for your valuable support. I am working in a private limited company. I have read the document which I am attaching that states, "Interruption on account of sickness, accident, leave, lay off, strike, lockout, cessation of work not due to any fault of the employee will not be considered as a break in service" (Section 4).
Regards,
Vedvert Dalal
From India, Rohtak
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Thank you for your valuable support. I am working in a private limited company. I have read the document which I am attaching that states, "Interruption on account of sickness, accident, leave, lay off, strike, lockout, cessation of work not due to any fault of the employee will not be considered as a break in service" (Section 4).
Regards,
Vedvert Dalal
From India, Rohtak
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Is this resignation accepted and you are separated? What is its status? Did you resign knowing well/having certified as to your permanent disability? And how did your company treat your absence on temporary (?) partial disability. Have you been relieved?
From India, Bangalore
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From India, Bangalore
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Hi Vedvert Dalal, Yes, Sec.4 is right. Will you pl. give the update in your case. I’m eager to know the developments for our knowledge.
From India, Bangalore
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From India, Bangalore
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc