Gratuity Eligibility For Less Then Years - PDF Download

Dear all
now a days some companies are working out the CTC with gratuity in that case if you were appointed and company has worked out your gratuity in your CTC than you can ask for it otherwise on completion of 5years it will be applicable to you
thanks and regards
7th March 2015 From India, Mumbai

Dear Harpreet ji,
Please share the ruling to entire forum.
My humble request to members to check the legality from any expert before writing any thing in this regards. In this forum, there are number of threads on this subject In which I have expressed my views with supports.
I am representing number of Corporates and I have been advising them that the Gratuity is not payable in case employee has not completed 5 years of service (except in TN). I also tell the participants / students of my seminars & lectures.
Members are requested to correct me if I am wrong with convincing supportings.
7th March 2015 From India, Mumbai

Dear Keshav ji,
You are very much right Sometimes members starts sharing their experiences which is not correct. IF some employer has paid the gratuity before completion of 5 years, it does not mean that the act is got amended. It is appropriate to share the relevant rulings in this forum, basis on which they are advising the payment before completion of 5 years.
P K Sharma
7th March 2015 From India, Delhi

In general.....If you have considered working days (other than sat-sun) then lets standard 22 working days in a month, so 240 days / 22 working days is 10.9 months. Total almost 4 years and 11 months.......
Is it how it should be?
9th March 2015

If any employee can complete 4 Years 8 Months 11 days service, Who is eligible for Gratuity As per Gratuity Act. But the employee can complete the above period must. Thanks, Sankar Potala
9th March 2015 From India, Pune

Dear Manan, Please take the printout of the attachement and show it to your employer. I am sure the person will not require any further discussions.
10th March 2015 From India, New Delhi

Attached Files (Download Requires Membership)

gratuity case- 5 year issue reference.pdf (675.0 KB, 467 views)

Dear Harpreet ji, I started feeling that this is not a right forum in which person like me should share the knowledge. Given case is well discussed in this forum earlier many times.
10th March 2015 From India, Mumbai

Mr Keshav Korgaonkar Ji, I would request you to please share your knowledge again and correct us as you do in corporate sectors as per your posting above. Might we will all learn something from you. Moreover it may be possible that the case which you have discussed many times in this forum is not in our knowledge.
About your feeling that is this the right forum for you or not, i think a person can better judge for himself instead asking some other one's opinion. we are now derailing ourselves from the topic started originally and posting things which are not required. thanks.
12th March 2015 From India, New Delhi

Dear Sir, I want to ask that whether obtaining insurance policy is compulsory for the Employer under Payment of Gratuity Act.
12th March 2015 From India, Mumbai

Dear All, kindly do let me educate in regard to eligibility & calculation of Gratuity in below situation. As per Act, I pre-suppose to consider 5 years of continuous service for its eligibility and 240 days for one completed year for 6 days week.
This is a general query : If "X" joined on 01.01.2009 &
If "X" worked for 1st Calendar year - 305 days
If "X" worked for 2nd Calendar year - 300 days
If "X" worked for 3rd Calendar year - 170 days
If "X" worked for 4th Calendar year - 320 days &
If "X" worked for 5th Calendar year - 242 days
It is presumed that Mr "X" is in continuous service without break. However, he resigned exactly after completion of 5 years service say on 02.01.2014.
Under such circumstances, whether "X" is entitle & eligible for payment of Gratuity & if yes, to what extent?
Thanks for guidance in advance.
With regards,
Gwarwade
IR positioned at MNC
12th March 2015 From India, Gurgaon