I joined company on 1st July 2008 in Gujarat. I left on 10th June 2013. So am i applicable for gratuity. Please guide me.
From India, Durgapur
From India, Durgapur
I have joined a company on 1st July. 2008 as Asst engineer @ gujarat. I have been relieved on 10th July 2013. So kindly let me know am i applicable for Gratuity and under which section. Awaiting valuable guidance.
From India, Durgapur
From India, Durgapur
Greetings,
An employee who has rendered continuous service of not less than five years of service becomes entitled to gratuity on his superannuation or on his retirement or resignation or on his death or disablement.
But in your case you joined the organization on 1/7/2008, and resigned on 10/6/2013 and were relived on 10/7/2013.
According to act continuous service means:
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. An employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service and includes service which may be interrupted on account of sickness, accident, leave, absence from duty without leave, lay off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act.
Where an employee is not in continuous service for any period of one year or six months, he shall be deemed to be in continuous service under the employer:
if for the said period of one year he has worked for 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 two hundred and forty days in any other case;
if for the said period of six months has actually worked under the employer for not less than ninety-five 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 one hundred and twenty days, in any other case;
The number of days on which an employee has actually worked under an employer shall include the days on which:
he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 or under the Industrial Disputes Act, 1947 or under any other law applicable to the establishment;
he has been on leave with full wages earned in the previous year;
he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment and
in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks.
In case of employees in seasonal establishments he shall be deemed to be in continuous service for any period of one year or six months if he has actually worked for not less than seventy-five per cent of the number of days on which the establishment was in operation during such period.
Also according to updation,
Any person who completes 4 years 240 days service in the Organisation are also eligible to get gratuity benefit against to layoff, leave with wages, sick leave etc.,
Also,
Serving in notice period is also part of service. It will be considered for gratuity calculation.
From India, Pune
5An employee who has rendered continuous service of not less than five years of service becomes entitled to gratuity on his superannuation or on his retirement or resignation or on his death or disablement.
But in your case you joined the organization on 1/7/2008, and resigned on 10/6/2013 and were relived on 10/7/2013.
According to act continuous service means:
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. An employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service and includes service which may be interrupted on account of sickness, accident, leave, absence from duty without leave, lay off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act.
Where an employee is not in continuous service for any period of one year or six months, he shall be deemed to be in continuous service under the employer:
if for the said period of one year he has worked for 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 two hundred and forty days in any other case;
if for the said period of six months has actually worked under the employer for not less than ninety-five 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 one hundred and twenty days, in any other case;
The number of days on which an employee has actually worked under an employer shall include the days on which:
he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 or under the Industrial Disputes Act, 1947 or under any other law applicable to the establishment;
he has been on leave with full wages earned in the previous year;
he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment and
in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks.
In case of employees in seasonal establishments he shall be deemed to be in continuous service for any period of one year or six months if he has actually worked for not less than seventy-five per cent of the number of days on which the establishment was in operation during such period.
Also according to updation,
Any person who completes 4 years 240 days service in the Organisation are also eligible to get gratuity benefit against to layoff, leave with wages, sick leave etc.,
Also,
Serving in notice period is also part of service. It will be considered for gratuity calculation.
From India, Pune
Greetings,
Calculation of gratuity:
The amount of gratuity payable to an employee shall not exceed Rs. 10,00,000 (increased from Rs. 3,50,000).
It can be formulated as follows:= (Basic + DA) of last drawn salary * 15 * No of years of service
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26
From India, Pune
Calculation of gratuity:
The amount of gratuity payable to an employee shall not exceed Rs. 10,00,000 (increased from Rs. 3,50,000).
It can be formulated as follows:= (Basic + DA) of last drawn salary * 15 * No of years of service
________________________________________________
26
From India, Pune
Sorry i was relieved on 10th June 2013. In between i ws on leave for three months due to fracture. then i joined office and then after i ahve resigned from my job. sorry for the above msitake. kindly advise and if i am eligible then how should i proceed. As the company is denying. so kindly advise.
From India, Durgapur
From India, Durgapur
Greetings,
The act says,
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. An employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service and includes service which may be interrupted on account of sickness, accident, leave, absence from duty without leave, lay off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act.
so you can apply for gratuity.
From India, Pune
The act says,
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. An employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service and includes service which may be interrupted on account of sickness, accident, leave, absence from duty without leave, lay off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act.
so you can apply for gratuity.
From India, Pune
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