I joined a organisation in the year 20 March 2007 and resigned on 4 June 2014. In the year 1 August 2009 my employee code changed as i got promotion.
The organisation is denying it they have told me "Tenure of one Employee Code cannot be clubbed with another Employee Code for any purpose, including total tenure calculation ". My question is would i get my Gratuity ? & what are the steps. Please help me.
From India, Chennai
1The organisation is denying it they have told me "Tenure of one Employee Code cannot be clubbed with another Employee Code for any purpose, including total tenure calculation ". My question is would i get my Gratuity ? & what are the steps. Please help me.
From India, Chennai
Hi
its not depend on your employee number but on your tenure. If your service is continuous, then you are eligible to get gratuity. But while changing your employee number, if they have incorporated a new date of joining, then you cant claim as it is not a continuous service. Check your promotion letter.
If it is so, they would have settled all dues during the change employee number/roll. If not, you can check with them and claim for your gratuity.
its not depend on your employee number but on your tenure. If your service is continuous, then you are eligible to get gratuity. But while changing your employee number, if they have incorporated a new date of joining, then you cant claim as it is not a continuous service. Check your promotion letter.
If it is so, they would have settled all dues during the change employee number/roll. If not, you can check with them and claim for your gratuity.
Dear Sir,
As per my theory knowledge, Continues 5 Years service of employee is an important Eligibility for Payment of Gratuity. Since you have completed Approx. 7 Yrs service in same organization, It means you are eligible for to receive Gratuity amount under the Payment of Gratuity Act 1972.
Employer should clear your gratuity payment within 30 days of date of Resignation.
From Germany
As per my theory knowledge, Continues 5 Years service of employee is an important Eligibility for Payment of Gratuity. Since you have completed Approx. 7 Yrs service in same organization, It means you are eligible for to receive Gratuity amount under the Payment of Gratuity Act 1972.
Employer should clear your gratuity payment within 30 days of date of Resignation.
From Germany
For Gratuity eligibility an employee has to complete five years of continuous service. In the said case it is more than the stipulated service and become eligible to claim gratuity. Employer can not deny the same.
Thanks
From India, Chennai
Thanks
From India, Chennai
All you are right, but there has to be the same employer. In this case all the documents need to be checked before any conclusion regarding continued service of min 5 years.
From India, Gwalior
From India, Gwalior
Dear Banerjee,
You have completed the mantatory period of Five years as requires for entitlement of payment of Gatuity.The 'Employee code' is normally used for the simplification of the work but not to disentitle a person from the benefits of the social schemes enshrined under the statuory Acts & Rules. I am sure that change of employee Code will not have any effect unless name of the person is changed. As such my advice to you is that you move an application in the prescribed form under your state Rules to the Controlling authority for payment of gratuity and you will suceed.
I shall be grateful if the seniors render their opinion on the issue as to whether the change of code can disentitle a person from the benefits.
BS Kalsi
From India, Mumbai
You have completed the mantatory period of Five years as requires for entitlement of payment of Gatuity.The 'Employee code' is normally used for the simplification of the work but not to disentitle a person from the benefits of the social schemes enshrined under the statuory Acts & Rules. I am sure that change of employee Code will not have any effect unless name of the person is changed. As such my advice to you is that you move an application in the prescribed form under your state Rules to the Controlling authority for payment of gratuity and you will suceed.
I shall be grateful if the seniors render their opinion on the issue as to whether the change of code can disentitle a person from the benefits.
BS Kalsi
From India, Mumbai
As per the Act continuous service of 5 years, the Act does not mentioned anything related to the Salary, designation or employee code. Please clarify if you have resigned and rejoined then the eligibility will be from the date of your rejoining. Otherwise not, please claim your gratuity you have valid proof of appointment letter and the relieving letter as proof.
From India, Ahmadabad
From India, Ahmadabad
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc