Sasha5556
2

I would like to know about that if one employee continuously has been working for 4 year in the same company,that the company will be shout down because some kind of reason now that employee can be get gratuity amount or not ? please suggest me
Thanks
Sam.S

From India, Coimbatore
varghesemathew
910

If he has no continuous service in the 5th year he will not get gratuity. Varghese Mathew 09961266966
From India, Thiruvananthapuram
Shyam Agrawal
22

Gratuity is payable only after completion of 5 year service.
However, in the case of shut down, other benefits are applicable.
Please specify the state in which you are presently working (for roughly working retrenchment benefits).

From India, Pune
varghesemathew
910

Mr Shyam Agarwal Retrenchment benefit will be the same all over India ,will not vary from state to state. Varghese Mathew
From India, Thiruvananthapuram
Sasha5556
2

i note that thanking you to all for giving better replay for me
can employer deduct the some percentage of gratuity amount from the employees ctc just i would like to know about that because i think this amount may be deductions from the total CTC pls give clarification about it thank you

From India, Coimbatore
sibabrata.majumdar
80

Dear Friend,
As per Gratuity Act, the concerned employee will not be entitled to receive Gratuity since he has worked less than 5 years.
Thanks,
Sibabrata Majumdar
Management Consultant Legal & HR

From India, Calcutta
sp rathi
5

untill or unless complete 5year of the company on one can claim for gratuity.
This is minimum requirement for gratuity there is one possibality if you have completed 4 year 6 month above that time may be possible to applied for gratuity

From India, Delhi
loginmiraclelogistics
1064

Dear friends,
If I'm correct, Sam.S's is little different compared to others who are quitting without completing 5 yrs.of continuous service. Here, the co. is shutting down and it should be treated at par with final settlement in the case of other than resignation (death) etc. A separation package normally should contain appropriate compensation incl. gratuity irrespective whether qualify under Gratuity Act or not. It's sometimes a negotiated settlement, a compensation package where all type of benefits are considered. If there are still co. people there Sam should file his claim with the Designated authorities under the Gratuity Act./ALC so that whatever legally available could be won.

From India, Bangalore
varghesemathew
910

In the case of a shut down of a Company an employee with 4 years of service will not get gratuity and he has no right to claim it before any authority. Varghese Mathew
From India, Thiruvananthapuram
D.GURUMURTHY
107

No Employee is not eligible for gratuity because he has not completed service of 5 years.
From India, Hyderabad
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