I had completed 4 yrs 8 month 11 day.Am i aplicable to claim gratuity from my organization.
From India, Vadodara
From India, Vadodara
No, as you have not completed five years of service, you are not applicable to claim gratuity...
From India, Jaipur
82From India, Jaipur
Yes you can claim the gratuity under the payment of Gratuity Act, since you had worked for more than 240 days , it means that you have worked for five years, so you are eligible for gratuity
From India, Mumbai
From India, Mumbai
Hi,
Is the interpretation of shekarvarma2606 correct? A reading of the Act gives the impression that COMPLETION OF FIVE YEARS (five full years) is a necessary condition for gratuity. Only for the purpose of determining the quantum of gratuity, the rounding off formula for the number of years comes into play.
I request senior members to clarify. The question is - should we round off the number of years of service even for the purpose of determining the eligibility for grauity.
Thanks
Srinivasan
From India, Madras
Is the interpretation of shekarvarma2606 correct? A reading of the Act gives the impression that COMPLETION OF FIVE YEARS (five full years) is a necessary condition for gratuity. Only for the purpose of determining the quantum of gratuity, the rounding off formula for the number of years comes into play.
I request senior members to clarify. The question is - should we round off the number of years of service even for the purpose of determining the eligibility for grauity.
Thanks
Srinivasan
From India, Madras
For calculation of working days you can also take into account all the paid leave days that you had availed. if all your working days and the paid leave days total to over 240 days in the fifth year, then you are clearly eligible to claim gratuity.
From India, Delhi
From India, Delhi
Hi,
What if the an employee has completed more then 12 years of employment and thereafter resigned, but the previous employer is not paying up the gratuity which is equal to 12 months basic calculated on the last month's drawn salary {please correct me were I am wrong} what can be done?
Ajjuji
From India, Dehra Dun
What if the an employee has completed more then 12 years of employment and thereafter resigned, but the previous employer is not paying up the gratuity which is equal to 12 months basic calculated on the last month's drawn salary {please correct me were I am wrong} what can be done?
Ajjuji
From India, Dehra Dun
Hi An employee who has worked for more than 240 days in the fifth year will be entitled for gratuity. Please see Madras High Court ruling in Mettur Beardsell Ltd. case.( 1998) Best . jai.
From India
From India
Dear All
interpretation of shekar verma ,jai and others may be correct but gratuity act does not allow the same.
Five year service is must as written by srinivasan.Rounding off is must beyond five years,for eligiblity clause it is not
allowed.
However in one case as even mentioned by our friend Jai madras high court has given judgement that an individual is eligible to get gratuity if he completes 240 days in fifth year.On the basis of this judgement no amendment is made in act,soi it can not become a law.
Five year service is must to become eligible for gratuity
From India, Delhi
interpretation of shekar verma ,jai and others may be correct but gratuity act does not allow the same.
Five year service is must as written by srinivasan.Rounding off is must beyond five years,for eligiblity clause it is not
allowed.
However in one case as even mentioned by our friend Jai madras high court has given judgement that an individual is eligible to get gratuity if he completes 240 days in fifth year.On the basis of this judgement no amendment is made in act,soi it can not become a law.
Five year service is must to become eligible for gratuity
From India, Delhi
Dear friend, Please file your claim for gratuity for 5 years (rounded off) immediately and keep silence. When you get it from your employer, please do not forget to post it here. Best luck.
From India, Pune
From India, Pune
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc