Gratuity
I am working in current organization since 02-Mar-2005. 15days back my employer accepted my 2 months notice of resignation.
Now he is planning to release me just before 1 or 2 days of my 5 years service term, to avoid gratuity benefit.
Is gratuity is based on just no. years of service? Or is there any other clause to avail it? Please help me.
Thanks,
Chanti
From United States, Coatesville
I am working in current organization since 02-Mar-2005. 15days back my employer accepted my 2 months notice of resignation.
Now he is planning to release me just before 1 or 2 days of my 5 years service term, to avoid gratuity benefit.
Is gratuity is based on just no. years of service? Or is there any other clause to avail it? Please help me.
Thanks,
Chanti
From United States, Coatesville
To avail the gratuity benefit you have to complete the stipulated 5 years with the organisation. In case you fall short it can get withheld. Negotiate with your sup on your relieving. Offcourse you need to work for 240 days every year.
From India, Mumbai
From India, Mumbai
sorry chanti in your case u r resigning from company as u have stated not company retrenching you. Being a HR manager and handeled various Gratuity cases i m confident ur HR team will not give you the gratuity since you r not eligible for gratuity becaz ur service not yet completed 5 years. so if u have not submit your resignation then delay it till ur 5 year service period of completion if u r planning to leave. else u will not get gratuity even though put a case in Labour court.
Ratikanta Rath
HR Manager
From India, Angul
3Ratikanta Rath
HR Manager
From India, Angul
If you had severed the compnay for atleast 240 days continously in the 5th year of your service, even if you are relieved 1/2 days earlier, you are entitled for gratuity.
From India, Tiruchchirappalli
From India, Tiruchchirappalli
Hi, In my opinion and also, as per the law, Gratuity is eligible only for an employee those who have completed 5 years exactly in his service period is considered as a Gratuity. Thanks, Ramki
From India, Madras
From India, Madras
You are eligible right now. Once you comple 4 and half years you are eligible. you can taken up the issue legally if not paid. Before that you can inform them and clarify the same with legal person to avoid embarasement
From India, Madras
From India, Madras
As per my openion there is no lock in period for entitlement of gratuity, after completion of four year and 240 days in fifth year you are elegible of Gratuity.If your employer refuse to pay then you should approch to Authority under Gratuity Act.
From India, Gurgaon
From India, Gurgaon
Hi folks, One judgement says that 4 yrs 9 months eligible for getting gratuity so check wth good lawyer. K.N Surendran Coimbatore 98424 50847
From India, Madras
From India, Madras
Dear Friend, There is no advantage to any organisation. If he want to relieve you before the notice period then you can ask the HR to relieve on the exact date.
From India, New Delhi
From India, New Delhi
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Payment of Gratuity Act, 1972 & The Rules.ppt
FORM - F (TN Payment of Gratuity Rules, 1973).xls
Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf