My DOJ is 20 March 2017. LWD will be 31 August. My organization has Gratuity eligibility of 4 Years 181 days.
I will complete 4 Yrs 5 Months and 12 days. Just falling about 15 days short for eligibility for gratuity.
Am I eligible for gratuity?? If not, what would be the solution to claim gratuity??
From India, Pune
I will complete 4 Yrs 5 Months and 12 days. Just falling about 15 days short for eligibility for gratuity.
Am I eligible for gratuity?? If not, what would be the solution to claim gratuity??
From India, Pune
Dear Anagha,
In the first place, when a compulsory minimum qualification to get a right or benefit is clearly prescribed in any terms like age, total period of service etc, the claimant should possess it before staking the claim. If the person runs short of this even by certain no of days, it means that he lacks the minimum qualification for the right or benefit.
Second, when you know pretty well that to be eligible for gratuity, you have to render a minimum qualifying service before the termination of your employment and the intended termination is by way of your resignation, you ought to have planned in advance the relieving date so as to acquire the minimum qualifying service for gratuity. I don't think any legal solution based on some relaxation or concessional treatment in this regard is possible.
From India, Salem
6016In the first place, when a compulsory minimum qualification to get a right or benefit is clearly prescribed in any terms like age, total period of service etc, the claimant should possess it before staking the claim. If the person runs short of this even by certain no of days, it means that he lacks the minimum qualification for the right or benefit.
Second, when you know pretty well that to be eligible for gratuity, you have to render a minimum qualifying service before the termination of your employment and the intended termination is by way of your resignation, you ought to have planned in advance the relieving date so as to acquire the minimum qualifying service for gratuity. I don't think any legal solution based on some relaxation or concessional treatment in this regard is possible.
From India, Salem
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf