Whether Gratuity is payable or not

deep_desh29 · #1 03-11-2009, 01:28 PM

Hi All

One of my employee recently resigned from his company services

I wants to preapre his full and final settlement.

Please tell me whether gratuity is applicable to him or not?

His date of Joining is 13.12.2004 and date of leaving is 30.10.2009

you can call me on
Deepak
9922888112

deep_desh29 · #2 03-11-2009, 01:39 PM

awaiting for reply on this issue

deepak

satishmistry23 · #3 03-11-2009, 02:06 PM

Quote:

Originally Posted by deep_desh29

Hi All

One of my employee recently resigned from his company services

I wants to preapre his full and final settlement.

Please tell me whether gratuity is applicable to him or not?

His date of Joining is 13.12.2004 and date of leaving is 30.10.2009

you can call me on
Deepak
9922888112

Dear Deepak

Gratuity is applicaple when employee complete his five year in company.

muktaS · #4 03-11-2009, 03:34 PM

Hi Deepak,

Gratuity is paid to those employees who have completed continous 5 years of services. In your case the fellow has not completed full 5 years so gratuity will not be payable to him.The way of calculating it is furnished below:-
from 13.12.04 to 12.12.05 is = 1 year
13.12.05 to 12.12. 06 = 1 year
13.12.06 to 12.12.07= 1 year
13.12.07 to 12.12.08 = 1 year
13.12.08 to 30.10.09= 9 mnths few days i.e. 1 year is not complete

Since 5 years are not completed therefore gratutity will not be payable.

I hope this info. suffices ur need.

Regards
MuktaS

Avika · #5 03-11-2009, 03:37 PM

If the employee has completed less than 5 years of service, generally, he is not eligible for gratuity.

However, if your Company has a separate eligiblity norm for gratuity i.e. less than 5 years service. Kindly check your company policy before finalising the matter.

rajesh_aggy · #6 03-11-2009, 08:43 PM

he is not eligible for Gratuity , as per Gratuity act, completion of five year is required. Only 5 year not required when a person died or total disability.
regards,
Prof. RK Agrawal
9325860828

sumitk.saxena · #7 03-11-2009, 09:54 PM

for payment of gratuity completion of five years service is required .
regards,
sumit kumar saxena

Rajat Joshi · #8 03-11-2009, 10:23 PM

Deepak,

Just check on this on as there was a judgement sometime back that if an employee completes 4 years and 240 days in the fifth year is eligible for the gratuity.

Regards,

Rajat

bharathgmhr · #9 03-11-2009, 11:12 PM

Gratuity would be payable if he had completed 11 months
but in this case he is not eligible for it
One more month would have made him eligible

Bharath GM,
Franchise Partner,
Morpheus Human Consulting Pvt. Ltd., Bangalore
9900688663, 9036410663, 9844716737

,

ramesh.narawade · #10 04-11-2009, 07:48 AM

No, the gratuity is not payable as per act but many organisations have their own policy regarding gratuity like some organisation pays the gratuity after 3 yrs or 4 yrs as per the mmendment in their trust deed with the insurance company or the company own policy