My friend got a better offer...completed 4yrs and 240 days....will he be elgible for Gratuity ? There is NO gratuity part in CTC in his company still can he ask for gratuity? Pls advise.
From India, Mumbai
From India, Mumbai
Hi, I have a query regarding gratuity eligibility.
Before resigning from my previous org, i wrote them a mail asking for gratuity qualification period,they replied back to me 4.6 yrs.
On confirmation from them that my period of stay in the org will be 4yrs 6 months 10 days,i resigned from the same.
Now,after 5 months i have still not got my money from that org.On writing the mail again they told me that in between the period the benchmark for gratuity has been revised upto 4.8 years.
I have everything on mail written by HR team, can i sue my previous org for misleading and misinformation?
In case i am eligible for gratuity,to whom shall i approach?
Is it advisable for me to lodge a legal complaint againt my previous employer?
waiting for a reply.
Thanks
From India, Mumbai
Before resigning from my previous org, i wrote them a mail asking for gratuity qualification period,they replied back to me 4.6 yrs.
On confirmation from them that my period of stay in the org will be 4yrs 6 months 10 days,i resigned from the same.
Now,after 5 months i have still not got my money from that org.On writing the mail again they told me that in between the period the benchmark for gratuity has been revised upto 4.8 years.
I have everything on mail written by HR team, can i sue my previous org for misleading and misinformation?
In case i am eligible for gratuity,to whom shall i approach?
Is it advisable for me to lodge a legal complaint againt my previous employer?
waiting for a reply.
Thanks
From India, Mumbai
The eligibility for gratuity is after completion of 5 years. But in some org. Gratuity is payable after 4.6 or 4.8 yrs.
If 4 yrs r completed n in 5th yr employee completes his 240 working days den he is eligible for gratuity.so mr. Parkorbit ur frd shuld ask as he/she s eligible 4 it.
Thanks
From India, Gurgaon
5If 4 yrs r completed n in 5th yr employee completes his 240 working days den he is eligible for gratuity.so mr. Parkorbit ur frd shuld ask as he/she s eligible 4 it.
Thanks
From India, Gurgaon
Hi,
Apart from the useful info already there in the above posts - I would also like to contribute a detailed treatment of
the sections in the Act from which we can infer that 240 days of service should be considered as one year of continuous service.
As per
Gratuity Act
the definition of the term “continuous service” in Section: 2 Definitions is as below
Section: 2
Definitions.(b) “completed year of service” means continuous service for one year;
[2] [(c) "continuous service" means continuous service as defined in section 2A;]
Section 2A itself is defined as below
Section: 2A
Continuous service.
For the purposes of this Act, -
(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness,
accident, leave, absence from duty without leave….
(2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer -
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than -
(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case;
As per this definition, 240 days of service should be considered as one year of continuous service
I have discussed this issue in detail at my blog
gratuitypaymentDOTwordpressDOTcom
Thanks
SK
From India, Bangalore
Apart from the useful info already there in the above posts - I would also like to contribute a detailed treatment of
the sections in the Act from which we can infer that 240 days of service should be considered as one year of continuous service.
As per
Gratuity Act
the definition of the term “continuous service” in Section: 2 Definitions is as below
Section: 2
Definitions.(b) “completed year of service” means continuous service for one year;
[2] [(c) "continuous service" means continuous service as defined in section 2A;]
Section 2A itself is defined as below
Section: 2A
Continuous service.
For the purposes of this Act, -
(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness,
accident, leave, absence from duty without leave….
(2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer -
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than -
(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case;
As per this definition, 240 days of service should be considered as one year of continuous service
I have discussed this issue in detail at my blog
gratuitypaymentDOTwordpressDOTcom
Thanks
SK
From India, Bangalore
gratuity is payble only after completion of Five years [not less] as per sec 4 of the act as below
4. PAYMENT OF GRATUITY.- (1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, - (a) on his superannuation, or.....
Thus it is a pre-condition
so question of 4.6 or 4.8 or 4.9 years is void
From India, Ahmadabad
4. PAYMENT OF GRATUITY.- (1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, - (a) on his superannuation, or.....
Thus it is a pre-condition
so question of 4.6 or 4.8 or 4.9 years is void
From India, Ahmadabad
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf