Whether Gratuity is payable or not

dbhatuse · #41 05-11-2009, 01:09 PM

Hi

Joining Date :13-Dec-2004Sepration Date :30-Oct-20094 YEAR 10 MONTHS 17 days

Employee are applicable for GRATUITY as per rules

Check below point before you calculate GRATUITY

1. Your company policy are applicable for GRATUITY< less than 5 years

Reagrds,

Deepak B

kph · #42 05-11-2009, 01:19 PM

you will pay gratuity to him, he is applicable

V Chithranath · #43 05-11-2009, 02:09 PM

I have attached a particular case judgement on Gratuity from Madras high court.

It says 4 years and 240 working days is enough to qualify.

V Chithranath

seshn07 · #44 05-11-2009, 02:11 PM

Hi Deepak and all friends,

before comming to a conclusion on this subject i advice you all to go through the Madras High Court Judgment passed in WP No. 21350 Of 1987, reported 1998 LLR 1072, where in it was held that completion of 240 days for the Fifth year in continuity is sufficient for payment of Gratuity.

No doubt, the Act is strict on not less than 5 years....... i would also like to say that the above judgment is not a precedent for all.

still i would like to share views on this

sheshu

anaghasakpal · #45 05-11-2009, 02:35 PM

Quote:

Originally Posted by Rahul R Khodke

Dear All,Looking for female candidate for position - HR & Admin at Mulund (Mumbai) having 2-3 years of experience. Candidate can call on my cell no.9869415332.Regards,Rahul R Khodke

Dear Rahul

I am Anagha Sakpal with reference to your above requirement would like to know some more detail job profile.

I am 23 yrs old having experience in HR more than 1 yr.

You can contact me at

Looking forward to your positive reply

anaghasakpal · #46 05-11-2009, 02:41 PM

Quote:

Originally Posted by Rahul R Khodke

Dear All,Looking for female candidate for position - HR & Admin at Mulund (Mumbai) having 2-3 years of experience. Candidate can call on my cell no.9869415332.Regards,Rahul R Khodke

[QUOTE=anaghasakpal;942304]Dear Rahul

I am Anagha Sakpal with reference to your above requirement would like to know some more detail job profile.

I am 23 yrs old having experience in HR more than 1 yr.
Qualification : B.M. S graduate specialised in HR

Profile handled in HR and Payroll, Recruitment.

You can contact me at

Looking forward to your positive reply

josealex.in · #47 05-11-2009, 02:56 PM

One of my friend worked with a Pvt.Ltd firm for more than 10 years. The management terminated his service bcoz of mis-conduct and non-performance. When he asked for gratuity Mg.Director flatly refused saying "we don't give any gratuity" and taken a no -dues (from firm) certificate from him. Is it right practice ? What action can take against this firm now ?

Keerthipranav · #48 05-11-2009, 03:14 PM

If the emoployee is leaving during the fifth year you need to consider the days for that particular year. If he completes 240 days in fifth year you need to process the gratuity eventhough he has not completed the 5th year.

avdhoot69 · #49 05-11-2009, 03:23 PM

Please speak to Labour Deaprt/Officer. with your all details. They will guide you better. And then update you knowledge to all.

vikasmanikraokhedekar · #50 05-11-2009, 04:29 PM

Dear Deepak,
i have also recently joined the HR field, but as per my knowledge the person who has completed 5 yrs of services is eligible for gratuity.

Regards,
Vikas