Dear Mr.Reddy
I forgot to ask you about the location of Cognisant wherein you worked while in India. However, in Tamilnadu software companies are covered by the provisions of The Tamilnadu Shops and Establishments Act. Therefore the Payment of Gratuity Act is applicable to them according to the provisions of Section 1(3)(b) of the Payment of Gratuity Act. Persond engaged for software development would come within the definition of "employee" as defined under Sectioon 2(e) of the Payment of Gratuity Act. Therefore employees of software companies are governed by the provisions of the Payment of Gratuity Act unless the terms of gratuity offered by the software company are better than those of the Payment of Gratuity Act, in which case the terms better than the Act will prevail . In your case assuming that you had worked in Tamilnadu, you are entitled to claim gratuity from your employer if you had worked with them for five continuous years. As in on site also Cognisant is your employer, the services rendered by on site has to be reckoned for computing your length of service with Cognisant. If the length of service rendered by you at the time you leave the company, is not five complete years that is 4 years and few months, then to decide whether the balance of the months after four years would be reckoned as a year of service, the number of days you worked in the balance of months have to be at least 240 days. In case you have worked in a different State in India please write back. I will try to clarify.
V.HARIKRISHNAN
Joint Commissioner of Labour (Retired)
Government of Tamilnadu
Labour Law Consultant
Chennai
From India, Madras
169I forgot to ask you about the location of Cognisant wherein you worked while in India. However, in Tamilnadu software companies are covered by the provisions of The Tamilnadu Shops and Establishments Act. Therefore the Payment of Gratuity Act is applicable to them according to the provisions of Section 1(3)(b) of the Payment of Gratuity Act. Persond engaged for software development would come within the definition of "employee" as defined under Sectioon 2(e) of the Payment of Gratuity Act. Therefore employees of software companies are governed by the provisions of the Payment of Gratuity Act unless the terms of gratuity offered by the software company are better than those of the Payment of Gratuity Act, in which case the terms better than the Act will prevail . In your case assuming that you had worked in Tamilnadu, you are entitled to claim gratuity from your employer if you had worked with them for five continuous years. As in on site also Cognisant is your employer, the services rendered by on site has to be reckoned for computing your length of service with Cognisant. If the length of service rendered by you at the time you leave the company, is not five complete years that is 4 years and few months, then to decide whether the balance of the months after four years would be reckoned as a year of service, the number of days you worked in the balance of months have to be at least 240 days. In case you have worked in a different State in India please write back. I will try to clarify.
V.HARIKRISHNAN
Joint Commissioner of Labour (Retired)
Government of Tamilnadu
Labour Law Consultant
Chennai
From India, Madras
Dear Ms Anuradha From the information furnished by you, I am of the view that you are eligible to get gratutity under the Payment of Gratutity Act.
From India, Madras
From India, Madras
Dear Mr Harikrishnan I would like to thank you for the timely response you provided. I have now received my gratuity payment from my earlier company. Appreciate your help! Thanks.
From India, Madras
From India, Madras
Dear Mr. V.HARIKRISHNAN
I have similar sitation worked for IT company for 5 yrs 7 months. 3yrs 1 month was in India and worked onsite as intera compny transferee(same company) in "Sales" and continued to be onsite but transfered back to project based in India and worked onsite for another 7-8 months...Please help. Further I have many PL in India which were carry forwarded and should be enchased now..
1.What is the nature of work done by you in the company
A. Sales in India and onsite as well. Later transfered to project for 7-8 months but location continued to be onsite.
2.What are the terms and conditions under which you were sent to onsite.
A. Deputation for 3 Years.
3.During your onsite posting who is your employer
A. Onsite subsidary of Employeer in India.
From Japan, Kawasaki
I have similar sitation worked for IT company for 5 yrs 7 months. 3yrs 1 month was in India and worked onsite as intera compny transferee(same company) in "Sales" and continued to be onsite but transfered back to project based in India and worked onsite for another 7-8 months...Please help. Further I have many PL in India which were carry forwarded and should be enchased now..
1.What is the nature of work done by you in the company
A. Sales in India and onsite as well. Later transfered to project for 7-8 months but location continued to be onsite.
2.What are the terms and conditions under which you were sent to onsite.
A. Deputation for 3 Years.
3.During your onsite posting who is your employer
A. Onsite subsidary of Employeer in India.
From Japan, Kawasaki
Dear Mr.Sahni
Assuming that 10 or more persons were working in the establishment in which you were/are employedm and based on the information furnished by you, you have worked with the same employer. Therefore you are entitled to get gratuity under the Payment of Gratuity Act. The encashment of PL depends on the Act applicable to you, that is whether your establsihment is registered under the Factories Act or under the Shops and Establishments Act.
From India, Madras
Assuming that 10 or more persons were working in the establishment in which you were/are employedm and based on the information furnished by you, you have worked with the same employer. Therefore you are entitled to get gratuity under the Payment of Gratuity Act. The encashment of PL depends on the Act applicable to you, that is whether your establsihment is registered under the Factories Act or under the Shops and Establishments Act.
From India, Madras
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx