R.N.Khola
Labour Laws & Ir
Sumitk.saxena
Service/manager-hr
Kumaresank
Labour & Industrial Laws
RAMESHANPT
Manager Hr
Exiafsergeant
Personnel & Industrial Relations
Rajat Joshi
Hr Consulting ,trainer -creative Thinking
Cmmohla
Hrm, Ir & Adminstration
Deep_desh29
Good Player In Critical Situation
+5 Others

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Hi All
One of my employee recently resigned from his company services
I wants to preapre his full and final settlement.
Please tell me whether gratuity is applicable to him or not?
His date of Joining is 13.12.2004 and date of leaving is 30.10.2009
you can call me on
Deepak
9922888112

From India, Mumbai
Hi Deepak,
Gratuity is paid to those employees who have completed continous 5 years of services. In your case the fellow has not completed full 5 years so gratuity will not be payable to him.The way of calculating it is furnished below:-
from 13.12.04 to 12.12.05 is = 1 year
13.12.05 to 12.12. 06 = 1 year
13.12.06 to 12.12.07= 1 year
13.12.07 to 12.12.08 = 1 year
13.12.08 to 30.10.09= 9 mnths few days i.e. 1 year is not complete
Since 5 years are not completed therefore gratutity will not be payable.
I hope this info. suffices ur need.
Regards
MuktaS

From Germany, Duisburg
If the employee has completed less than 5 years of service, generally, he is not eligible for gratuity.
However, if your Company has a separate eligiblity norm for gratuity i.e. less than 5 years service. Kindly check your company policy before finalising the matter.

From India, New Delhi
he is not eligible for Gratuity , as per Gratuity act, completion of five year is required. Only 5 year not required when a person died or total disability. regards, Prof. RK Agrawal 9325860828
From India, Pune
for payment of gratuity completion of five years service is required . regards, sumit kumar saxena
From India, Ghaziabad
Deepak, Just check on this on as there was a judgement sometime back that if an employee completes 4 years and 240 days in the fifth year is eligible for the gratuity. Regards, Rajat
From India, Pune
Gratuity would be payable if he had completed 11 months
but in this case he is not eligible for it
One more month would have made him eligible
Bharath GM,
Franchise Partner,
Morpheus Human Consulting Pvt. Ltd., Bangalore
9900688663, 9036410663, 9844716737
,

From India, Bangalore
No, the gratuity is not payable as per act but many organisations have their own policy regarding gratuity like some organisation pays the gratuity after 3 yrs or 4 yrs as per the mmendment in their trust deed with the insurance company or the company own policy
From Singapore, Singapore
Hi Rajat, Are u sayning about the judgement of Madras High court for the year 1996. Deepak
From India, Mumbai
Hi Mukta, Thanks for reply. But in the year 1996 Madras High court has ginven one Judgement in the matter of Gratuity. Do u heard about that I wanted to confirm that also. Deepak 9922888112
From India, Mumbai

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