Hi,
I have worked with my previous employer for a period of 5 years and four months. On claiming gratuity i was informed that the first year of employment will not be considered for calculation of gratuity as i was at the post of "management trainee". (post that i was promoted to assisstant manager).
The previous employer contends that gratuity is not payable as i have not completed 5 years as a permanent employee. Our staff rules/company guidelines also do not mention anything like this.Can i claim gratuity legally ? Kindly advise.
Regards,
kanchi.
From United Kingdom
I have worked with my previous employer for a period of 5 years and four months. On claiming gratuity i was informed that the first year of employment will not be considered for calculation of gratuity as i was at the post of "management trainee". (post that i was promoted to assisstant manager).
The previous employer contends that gratuity is not payable as i have not completed 5 years as a permanent employee. Our staff rules/company guidelines also do not mention anything like this.Can i claim gratuity legally ? Kindly advise.
Regards,
kanchi.
From United Kingdom
Hi Kanchi,
As per section 2 (e) of the payment of gratuity act except for an apprentice, appointed under the apprentices act, every other person employed by the organisation is eligible to claim gratuity on completion of 5 years of continuous service.
Best wishes,
Sunil Joshi
PGCHRM - XLRI
From United States, Bedford
16As per section 2 (e) of the payment of gratuity act except for an apprentice, appointed under the apprentices act, every other person employed by the organisation is eligible to claim gratuity on completion of 5 years of continuous service.
Best wishes,
Sunil Joshi
PGCHRM - XLRI
From United States, Bedford
Dear,
you worked one year as a trainee. So you worked as a employee 4 years and 4 months and you did not completed 5 years of continue job in that organization so you are not entitled for gratuity.
Thanks
Raj
From India, Gurgaon
you worked one year as a trainee. So you worked as a employee 4 years and 4 months and you did not completed 5 years of continue job in that organization so you are not entitled for gratuity.
Thanks
Raj
From India, Gurgaon
Hi Raj,
So far an employee is not an apprentice, s/he is eligible for gratuity on completion of 5 years of continuous service.
"Trainee is not an apprentice"
this what the labour court cited in a case Chairman cum Managing director, Orrisa mining corporation vs controlling authority, assistant labour commissioner & others. 1994 LLR(Labour Law Review), 789
Best wishes,
Sunil Joshi
PGCHRM - XLRI
From United States, Bedford
So far an employee is not an apprentice, s/he is eligible for gratuity on completion of 5 years of continuous service.
"Trainee is not an apprentice"
this what the labour court cited in a case Chairman cum Managing director, Orrisa mining corporation vs controlling authority, assistant labour commissioner & others. 1994 LLR(Labour Law Review), 789
Best wishes,
Sunil Joshi
PGCHRM - XLRI
From United States, Bedford
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc