A friend of mine has served 4 years and 9 months with his company. I want to ask experts if my friend would be eligible for Gratuity? Few weeks ago, I read this in an article that one should be eligible for Gratuity if one has completed more than 4.5 years with the company.
From India, Bangalore
2From India, Bangalore
Manasvi, If your friend worked for 4 yrs. and 240 days then he/she can claim for gratuity. Regards, SVS
From India, Coimbatore
From India, Coimbatore
dear manasvi
i differ with the view my friend has given .to become eligible for gratuity minimum five years of service required which is clearly mention in gratuity act .from where this eight month concept came?
in one of the case madras high court has given decision that if someone has completed 240 days in fifth year than he becomes eligible for gratuity but it does not mean that it has become a rule .as there is no amendment in act based on this decision than act will prevail.
tks
j s malik
From India, Delhi
i differ with the view my friend has given .to become eligible for gratuity minimum five years of service required which is clearly mention in gratuity act .from where this eight month concept came?
in one of the case madras high court has given decision that if someone has completed 240 days in fifth year than he becomes eligible for gratuity but it does not mean that it has become a rule .as there is no amendment in act based on this decision than act will prevail.
tks
j s malik
From India, Delhi
Dear Malikji, Please refer Sec.2A (2aii) of The payment of Gratuity Act, 1972. It has been clearly mentioned that 240 days actually worked can be considered as one year. Regards, SVS
From India, Coimbatore
From India, Coimbatore
I have referred to the section and it is applicable for continuous service not for applicability of Act. Please refer applicability and gratuity is applicable if some one has served for five years in establishment.
From India, Delhi
From India, Delhi
I have also gone through the Gratuity act where in it is mentioned as 5 yrs continuous service when it becomes applicable. However, for subsequent years, it is rounded off as mentioned.
I am facing a different problem. I was employed with an autonomous body under Ministry of Industries, Govt. of India. I believe that the same rules apply for it. However, my organisation did not pay me gratuity even after complletion of 9 yrs and 7 months of service claiming that in Govt. service, Gratuity is not applicable when a person resigns.
I have lodged a complaint with the Asstt. Labout commissioner (Central) in Gujarat where I was posted. However, even after 13 / 14 months I have not received any communication from either of them.
Kindly advice as to what should be my next course of action and how many years of gratuity is applicable to me.
Thanks
From India, Mumbai
I am facing a different problem. I was employed with an autonomous body under Ministry of Industries, Govt. of India. I believe that the same rules apply for it. However, my organisation did not pay me gratuity even after complletion of 9 yrs and 7 months of service claiming that in Govt. service, Gratuity is not applicable when a person resigns.
I have lodged a complaint with the Asstt. Labout commissioner (Central) in Gujarat where I was posted. However, even after 13 / 14 months I have not received any communication from either of them.
Kindly advice as to what should be my next course of action and how many years of gratuity is applicable to me.
Thanks
From India, Mumbai
Dear Mr. Ravi, Gratuity is paid even after putting your paper down. You are applicable for 9 years of gratuity, which shall be paid on the basis of your last drawn basic salary. Regards, Amit Seth.
From India, Ahmadabad
From India, Ahmadabad
I have been a reader for many months in cite Hr.
One imp question to seniors- In my current company, two employees have completed 5 years of continuous service. And my company strength is currently 7 employees. During the last 5 years, it has been below 10 most of the time but at one time it was 15. So, now at the time of leaving the company, will the two employees be eligible for gratuity?
From India, Calcutta
One imp question to seniors- In my current company, two employees have completed 5 years of continuous service. And my company strength is currently 7 employees. During the last 5 years, it has been below 10 most of the time but at one time it was 15. So, now at the time of leaving the company, will the two employees be eligible for gratuity?
From India, Calcutta
Please refer to the Gratuity Act section 1(3 A) in which it is mentioned-
A shop or establishment to which this act has become applicable shall continue to be governed by this act notwithstanding that the number of persons employed therein at any time after it has become so applicable falls below ten.
From India, Delhi
A shop or establishment to which this act has become applicable shall continue to be governed by this act notwithstanding that the number of persons employed therein at any time after it has become so applicable falls below ten.
From India, Delhi
There is no need for an arguments when law clearly states that minimum five years service is mandatory to become eligible for payment of gratuity.
If your employer waives off that shortfall in tenure of your services its his prerogative but there is no legal bindings. However, generally this does not happen in real life.
From Saudi Arabia
If your employer waives off that shortfall in tenure of your services its his prerogative but there is no legal bindings. However, generally this does not happen in real life.
From Saudi Arabia
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