Hi!
You are eligible to receive gratuity since (1)you will be completing 4 years 10 months and (2) by rounding off rules as per Gratuity Act, service more than 6 months is rounded off to next year; in your case, you are eligible for gratuity.
Rgds
S Nagasubramanian
From India, Pune
6You are eligible to receive gratuity since (1)you will be completing 4 years 10 months and (2) by rounding off rules as per Gratuity Act, service more than 6 months is rounded off to next year; in your case, you are eligible for gratuity.
Rgds
S Nagasubramanian
From India, Pune
Yes I am completely agree with Rajiv Sir. If the employee is worked for 240 days he should be deemed to be worked for a year.In this case you should be eligible for gratuity.
From India, Pune
From India, Pune
Dear HR Fraternity,
Mr.Manish Gadre is absolutely correct.
One of our friend has given his own opinion that completing 240 days in a year deemed as one year. Yes as per Permanent Status Act, a person who work for 240 days in a year or 480 days in two years as Trainee or Casual Labour or any other name, has to be made permanent.
Factories Act deals about 240 days, an employee to get eligibility for getting Earned Leave not for Gratuity.
If an employee dies before completing 5 years and if he would have nominated his spouse or parents in the prescribed form as per Gratuity Act they will be eligible to claim the gratuity, if the employee do not have any disciplinary action taken against him.
I hope the above is correct.
K. Gopalakrishnan
Sriperumbudur
90940 16863
From India, Bangalore
Mr.Manish Gadre is absolutely correct.
One of our friend has given his own opinion that completing 240 days in a year deemed as one year. Yes as per Permanent Status Act, a person who work for 240 days in a year or 480 days in two years as Trainee or Casual Labour or any other name, has to be made permanent.
Factories Act deals about 240 days, an employee to get eligibility for getting Earned Leave not for Gratuity.
If an employee dies before completing 5 years and if he would have nominated his spouse or parents in the prescribed form as per Gratuity Act they will be eligible to claim the gratuity, if the employee do not have any disciplinary action taken against him.
I hope the above is correct.
K. Gopalakrishnan
Sriperumbudur
90940 16863
From India, Bangalore
Also to remember along with laws is teh company policies which stand final. The particular employee to be deemed fit for claiming gratuity must not have submitted resignation in their tenure...
From India, Madras
From India, Madras
My dear friend,
You must complete 5 years for being eligible for gratuity.
Suppose after completion of 5 years you work 6 months more that time your total service will be 5 years 6 months.
For the purpose of calculating gratuity at that time 6 years of service will be counted.
Best Regards
Modi
From India, Bangalore
You must complete 5 years for being eligible for gratuity.
Suppose after completion of 5 years you work 6 months more that time your total service will be 5 years 6 months.
For the purpose of calculating gratuity at that time 6 years of service will be counted.
Best Regards
Modi
From India, Bangalore
hiiiiiiiiiii
Dear all all employee who completed five years in services those all are applicable for the gratuity benefits if he complete his services 4 years 7 months and resignation his services.he also applicable for the gratuity.
thanks
From India, Chandigarh
Dear all all employee who completed five years in services those all are applicable for the gratuity benefits if he complete his services 4 years 7 months and resignation his services.he also applicable for the gratuity.
thanks
From India, Chandigarh
Yes. The gratuity is paid to nominee/s as per nomination made by employee. There is compulsory insurance thru LIC. Employer obtain Group Gratuity policy thru LIC by forming trust. The grauity amount to nominee from date of death upto date of retirement is paid by LIC and period prior to death (even less than 5 years service) is borne by employer.
From India, Mumbai
From India, Mumbai
Yes, section 4 provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement.
(Provided further that in case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heir is minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority)
Suresh Adav
From India, Mumbai
(Provided further that in case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heir is minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority)
Suresh Adav
From India, Mumbai
Yes, section 4 provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement.
(Provided further that in case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heir is minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority)
-Suresh Adav
From India, Mumbai
(Provided further that in case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heir is minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority)
-Suresh Adav
From India, Mumbai
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf