Dear Sir,
I have worked in an Organization for a period of 4 year 10 Months and 25 days.The details are as following
Date Of Joining: 09- May - 2009
Last Working Day : 04 - Apr -2014
I am asking for the my Gratuity payment from 1 year because I came to know that I am eligible for Gratuity. But my company says that I am not eligible because I have not completed 5 years in the organization.
And company says that we are not received any Govt amendments to pay gratuity payment for 4 years & 240 days completed employees.
I want to know if I am eligible for It Or Not. And if I am eligible , how can I claim for it if my company deny to give it.
Thanks,
Parashuram
From India, Bangalore
I have worked in an Organization for a period of 4 year 10 Months and 25 days.The details are as following
Date Of Joining: 09- May - 2009
Last Working Day : 04 - Apr -2014
I am asking for the my Gratuity payment from 1 year because I came to know that I am eligible for Gratuity. But my company says that I am not eligible because I have not completed 5 years in the organization.
And company says that we are not received any Govt amendments to pay gratuity payment for 4 years & 240 days completed employees.
I want to know if I am eligible for It Or Not. And if I am eligible , how can I claim for it if my company deny to give it.
Thanks,
Parashuram
From India, Bangalore
Yes Parashuram you are eligible for Gratuity, It is clearly mentioned in the definition of continuous service under gratuity act that 240 days is considered as 1 year complete service, hence you are eligible for gratuity.
the court has given judgement from the side of employee in such a case,
currently I am not having that case but as soon as I get it I will forward it to you.
If company is denying to pay you do one thing just send your claim form in Form ‘I’ by registered post to the company for claiming your gratuity amount, if you don't receive your gratuity within 15 days then......................
contact to the Assistant Commissioner of Labor office even if you dont come under Workmen definition he will definitely help you.
You will definitely receive your gratuity.
From India, Hyderabad
190the court has given judgement from the side of employee in such a case,
currently I am not having that case but as soon as I get it I will forward it to you.
If company is denying to pay you do one thing just send your claim form in Form ‘I’ by registered post to the company for claiming your gratuity amount, if you don't receive your gratuity within 15 days then......................
contact to the Assistant Commissioner of Labor office even if you dont come under Workmen definition he will definitely help you.
You will definitely receive your gratuity.
From India, Hyderabad
Hi Arunmjadhav,
Thanks for the clarification , can you please let me know ,for 5 days working per week and 22 days in a month , for those organizations also do we consider for 240 days or should we consider Saturday as working day ?
Please let me know , thanks for the cooperation.
Thanks & Regards
Satyaprasad.Rayudu
From India, Hyderabad
Thanks for the clarification , can you please let me know ,for 5 days working per week and 22 days in a month , for those organizations also do we consider for 240 days or should we consider Saturday as working day ?
Please let me know , thanks for the cooperation.
Thanks & Regards
Satyaprasad.Rayudu
From India, Hyderabad
the definition of continuous service is mentioned in 2A of gratuity act kindly go through it.....
From India, Hyderabad
From India, Hyderabad
For establishment working for five days a week ,190 days of work in a year make one year continuous service.
From India, Thiruvananthapuram
From India, Thiruvananthapuram
As per new amendment in gratuity act if an employee has completed 4 years 240 days in his organisation then an employee is eligible for gratuity.
From India, Delhi
From India, Delhi
Hi Parshuram,
Sorry but you are not elligible for gratuity. this topic has been discussed several times in this forum before. Gratuity Law doesn't state anywhere that completing 240 days will be presumed as 1 year. 240 days are taken in account in industrial dispute act to be referred for completion of 1 year of service.
Yes there was a case in which Tamil Nadu high court have also given the judgement that 240 will also be taken as 1 year completion of service for claiming gratuity but that is a state specific judgement. if you worked in tamil nadu then you can claim it from employer however there is no amendment as such in gratuity act. please check the link below for previous disucssion on same topic. also attachment for madras high court case.
https://www.citehr.com/531816-4-years-190-days-eligible-gratuity-gratuity.html
regards
harpreet walia
From India, New Delhi
Sorry but you are not elligible for gratuity. this topic has been discussed several times in this forum before. Gratuity Law doesn't state anywhere that completing 240 days will be presumed as 1 year. 240 days are taken in account in industrial dispute act to be referred for completion of 1 year of service.
Yes there was a case in which Tamil Nadu high court have also given the judgement that 240 will also be taken as 1 year completion of service for claiming gratuity but that is a state specific judgement. if you worked in tamil nadu then you can claim it from employer however there is no amendment as such in gratuity act. please check the link below for previous disucssion on same topic. also attachment for madras high court case.
https://www.citehr.com/531816-4-years-190-days-eligible-gratuity-gratuity.html
regards
harpreet walia
From India, New Delhi
As of now there has been no such amendment to Payment of Gratuity Act which permits that an employee who has completed 4 years and 240 days in the fifth year to be entitled to gratuity. The Act supports completion of 5 years of service for gratuity. However, in certain High Court rulings like that of madras High Court in Mettur Beardsel Ltd Vs Regional Labour Commissioner (1998 LLR 1072) and very recent ruling by Kerala High Court in Sreeja Vs regional Labour Commissioner (2015 LLR 826), there has been a different interpretation to the term continuous service and accordingly employees who have worked for 4 years and 240 days in the fifth year are made entitled to gratuity.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Mr Rayadu It is 190 days service, for establishments which works for five days a week, to make one year continuous service for gratuity.
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Dear Parashuram,
You are fully eligible to claim gratuity for your service of 4 yrs, 10 months & 25 days, which is treated as equivalent to 5 years of service. You need not go in details for the nitty gritty of the Payment of Gratuity Act, just apply formally in the prescribed form and wait for response from your employer. If the nabagement don't respond within a reasonable time, give one reminder and wait further for about 2 weeks after which report the case in the prescribed form to the appropriate competent authority, as appointed by the Government of your state under the Payment of Gratuity Act. The prescribed competent authority will have to take care to get your gratuity paid by your employer.
From India, Delhi
You are fully eligible to claim gratuity for your service of 4 yrs, 10 months & 25 days, which is treated as equivalent to 5 years of service. You need not go in details for the nitty gritty of the Payment of Gratuity Act, just apply formally in the prescribed form and wait for response from your employer. If the nabagement don't respond within a reasonable time, give one reminder and wait further for about 2 weeks after which report the case in the prescribed form to the appropriate competent authority, as appointed by the Government of your state under the Payment of Gratuity Act. The prescribed competent authority will have to take care to get your gratuity paid by your employer.
From India, Delhi
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf