jismongeorge
Hi Sir, I have been working in a private firm last 6years. But just 4 years before only company started Gatuity. So i need the clarification about am i eligible for getting gatuity claim.
From India, Bangalore
Brijendra_Singh
21

As per the Gratuity Act 1972 ,Eligibility of Gratuity is 4 years plus 190 days for the employees who work in the mines or company which works for 5 days a week.
Additionally, its 4 years plus 240 days for the employees who work for a company which works for 6 days a week.
You said that your have been working in the company for last 06 years. In that case, you are already eligible for Gratuity. There's no doubt about that.

From India, Mumbai
jismongeorge
But only 4 years before only my company started gratuvity. Is there any criteria in the law about company should be under gratuity for 5 years.
From India, Bangalore
Brijendra_Singh
21

The Gratuity act is for the Employees and their right for Gratuity during their tenure in the company . As, i have already said, you are eligible for gratuity as per the Gratuity act 1974. The company cannot deny you Gratuity and in your case, your Gratuity entitlement is for six years.
From India, Mumbai
varghesemathew
910

Sri,Brijendra Singh
To update my knowledge can you please say which section of POG Act 1972 says '190 days for Companies working for 5 days a week and 240 days for Companies working 6 days a week' to constitute one year service?
Varghese Mathew

From India, Thiruvananthapuram
Brijendra_Singh
21

Payment of Gratuity Act:1972: Sec: 1(3) (b)(c)(3A), 2(a)(s), 2A (1),2 (a)(i) (ii) (b) (i) (ii), 4(2)(5), 7, 7A,8,9
Formula for calculation:
[( Basic+DA)/26*15*No. of years in service]
Also, please note that the Basic+DA is as per last drawn salary.

From India, Mumbai
mail8013
37

Hello Jismongeorge,
Can you give us some detail regarding your firm?
Is it registered under Shops & Estb. Act. If so, when was it registered ? Prior to registration, how many people used to work and what was the nature of the activity conducted there ?

From India, Mumbai
surend
Which one completion of his/her 5 years service its eligibility for gratuity.
Payment of Gratuity Act:1972: Sec: 1(3) (b)(c)(3A), 2(a)(s), 2A (1),2 (a)(i) (ii) (b) (i) (ii), 4(2)(5), 7, 7A,8,9
Formula for calculation:
[( Basic+DA)/26*15*No. of years in service]
(Basic+DA is as per last drawn salary.)

From India, Madras
sb210971
If the Gratuity falls under CTC as mutually agreed upon, then can it be under scope of Gratuity act 1972?
From India, Sirsa
jismongeorge
I have approach the company for gartuvity claim. But unfortunately my HR is telling company started gratuity on 2011 and as its finished only 4year they cannot give it. But i have finished my service in this company along 6years. So please confirm is there any criteria in the law about company should be under gratuity for 5 years. Also what action i can be taken for getting my claim if i am eligible.
From India, Bangalore
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