Hi,
I have worked for an organization for 4 Years and 11 months, but when I enquired about the gratuity payment, the organization HR is refusing to entertain the request citing the 5 year clause for gratuity payment. Please inform what are the options available for getting the Gratuity payment.
Regards
Ashish
From India, Delhi
1I have worked for an organization for 4 Years and 11 months, but when I enquired about the gratuity payment, the organization HR is refusing to entertain the request citing the 5 year clause for gratuity payment. Please inform what are the options available for getting the Gratuity payment.
Regards
Ashish
From India, Delhi
Go through the below link
Gratuity « hrmexpress
Let me know if further assistance required
From India, Mumbai
Gratuity « hrmexpress
Let me know if further assistance required
From India, Mumbai
Hi Bhakti,
Thanks for replying back. Does it means that I am not eligible for claiming Gratuity from the employer? However, I have read that if an employee has completed 4Years and 8 Months (240 Days) of uninterrupted service in an organization, they become eligible for Gratuity. Please correct me if wrong.
Regards
Ashish
From India, Delhi
Thanks for replying back. Does it means that I am not eligible for claiming Gratuity from the employer? However, I have read that if an employee has completed 4Years and 8 Months (240 Days) of uninterrupted service in an organization, they become eligible for Gratuity. Please correct me if wrong.
Regards
Ashish
From India, Delhi
Hi Ashish,
Check this link below
http://www.legalissuesforngos.org/ma...uity%20Act.pdf
It says
Section 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
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease :
Provided that the completion of continuous service of five years shall not be necessary
where the termination of the employment of any employee is due to death or disablement
:
Provided further that in the case of death of the employee, gratuity payable to him shall
be paid to his nominee or, if no nomination has been made, to his heirs, and where any
such nominees or heirs is a minor, the share of such minor, shall be deposited with the
controlling authority who shall invest the same for the benefit of such minor in such bank
or other financial institution, as may be prescribed, until such minor attains majority.
Explanation.- For the purposes of this section, disablement means such disablement as
incapacitates an employee for the work which he was capable of performing before the
accident or disease resulting in such disablement
From India, Mumbai
Check this link below
http://www.legalissuesforngos.org/ma...uity%20Act.pdf
It says
Section 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
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease :
Provided that the completion of continuous service of five years shall not be necessary
where the termination of the employment of any employee is due to death or disablement
:
Provided further that in the case of death of the employee, gratuity payable to him shall
be paid to his nominee or, if no nomination has been made, to his heirs, and where any
such nominees or heirs is a minor, the share of such minor, shall be deposited with the
controlling authority who shall invest the same for the benefit of such minor in such bank
or other financial institution, as may be prescribed, until such minor attains majority.
Explanation.- For the purposes of this section, disablement means such disablement as
incapacitates an employee for the work which he was capable of performing before the
accident or disease resulting in such disablement
From India, Mumbai
you are eligible for the gratuity and please Go through the below mentioned link
https://www.citehr.com/446537-eligib...-gratuity.html
From India, Kota
https://www.citehr.com/446537-eligib...-gratuity.html
From India, Kota
Hi,
check this link Section 25B in The Industrial Disputes Act, 1947
it says
(2) where a workman is not in continuous service within the meaning of clause (1) for a period of one year or six months, he shall be deemed to be in continuous service under an employer--
(a) for a period of one year, if the workman, during a 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 a workman employed below ground in a mine; and
(ii) two hundred and forty days, in any other case;
From India, Mumbai
check this link Section 25B in The Industrial Disputes Act, 1947
it says
(2) where a workman is not in continuous service within the meaning of clause (1) for a period of one year or six months, he shall be deemed to be in continuous service under an employer--
(a) for a period of one year, if the workman, during a 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 a workman employed below ground in a mine; and
(ii) two hundred and forty days, in any other case;
From India, Mumbai
Hi,
You are definitely entitled for Gratuity. I had resigned from Metlife last year in June'12 and I completed 4year and 7 months, I had gone through the Gratuity policy and came to know that completing 4.6 yrs is deemed to have fallen in 5 years. I had also taken a mail confirmation from the Head HR regarding the same. And in F&F I was paid the gratuity as per my existing basic salary norms.
Regards,
Chetan Kumar.
From India, Kolkata
You are definitely entitled for Gratuity. I had resigned from Metlife last year in June'12 and I completed 4year and 7 months, I had gone through the Gratuity policy and came to know that completing 4.6 yrs is deemed to have fallen in 5 years. I had also taken a mail confirmation from the Head HR regarding the same. And in F&F I was paid the gratuity as per my existing basic salary norms.
Regards,
Chetan Kumar.
From India, Kolkata
Hi All, Thanks for the responses. I will again recheck with my employer about the same. Incase there is some further clarifications/information required, I will again revert back. Thanks Ashish
From India, Delhi
From India, Delhi
Hello.
I wanted to know if an employre completes his five years of service and then resigns from the services of the company.
He/she will be paid his loyality benefit as gratuity. But the same employee if joins
another organisation will he/she be eligible for gratuity benefits from the first day whether he/she serves five yrs or not or the employre hs
to serve five yrs again with his new company to show his loyality and then will be eligible for gratuity.
Kindly explain
From India, Aligarh
I wanted to know if an employre completes his five years of service and then resigns from the services of the company.
He/she will be paid his loyality benefit as gratuity. But the same employee if joins
another organisation will he/she be eligible for gratuity benefits from the first day whether he/she serves five yrs or not or the employre hs
to serve five yrs again with his new company to show his loyality and then will be eligible for gratuity.
Kindly explain
From India, Aligarh
Hi Anu,
Its simple to understand that Gratuity is paid by an organization where a person is completing 5 years......so whenever a person is joining a new company, the countdown starts afresh from 1st day (permanent as well as temporary/probation staffs)......so if u keep on jumping every 5 years to 4 different companies, u are entitled for 4 gratuity.
regards,
Chetan.
From India, Kolkata
Its simple to understand that Gratuity is paid by an organization where a person is completing 5 years......so whenever a person is joining a new company, the countdown starts afresh from 1st day (permanent as well as temporary/probation staffs)......so if u keep on jumping every 5 years to 4 different companies, u are entitled for 4 gratuity.
regards,
Chetan.
From India, Kolkata
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