Query
One of my friend used to work for satyam and completed 4 years and 7 months. He was put on Long Leave with only Basic Pay which forced him to quit the job without completing a tenure of 5 years. Under such circumstances will he be eligible for Gratuity as he wanted to continue.
20th January 2010 From India, Bhubaneswar

PARTICIPATING IN DISCUSSION:
R.N.Khola
Labour Laws & Ir
Bunu_roopa
Service
Sher Mohammed
Managment Student
Abhinav S
Team Lead
+4 Others

There is supreme court judgment to the line. If an employee works for 4 continuous years and for 240 days in the 5th year, he is entiled for gratuity. If yr friend has completed 240 days in the 5th year, he would be entitled to.
regards
S K Biswal
e- Prompt management Solutions
21st January 2010 From India, Madras

R.N.Khola 225
Dear If you have any judgement then plz quote the same for the information of the members.
21st January 2010 From India, Delhi

As all of us aware the satyam scam, concerned person has completed 4 years and 210 days of continuous services with lot of appreaciation in work. It was unfortunate that he was put on long leave with basic pay due to preveling circumstances in satyam. He would have continued services but not on the cost of Basic pay hence has to resign the job for better prospects. Can he be elgible under such cirmcumstances.
25th January 2010 From India, Bhubaneswar

R.N.Khola 225
Dear No. He is not eligible for gratuity payment. With Regards, R.N.Khola (LL & IR) Skylark Associates, Gurgaon (Haryana) (Labour Law Consultants) Office: (M) (O) 0124-4264449
26th January 2010 From India, Delhi

He is eligible for Gratuity. There is no doubt about this. He can prefer a claim and if the company refuses to pay, he can approach the Deputy Commissioner of Labour who has jurisdiction over his last place of working. There are a few judgements which says that if a person has worked for 240 day in the preceding 12 months, the period will be reckoned and if has put in a minimum of 240 days in the fifth year of his service, he can make a strong claim, sustainable in law.
EIRVALSA
30th January 2010 From India, Madras

R.N.Khola 225
Dear EIRVALSA,
He is himself have stated that the concerned person have not completed 240 days in the fifth year.
With Regards,
R.N.Khola
(LL & IR)
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants)
Office:
(M) (O) 0124-4264449
30th January 2010 From India, Delhi

concerned person has not completed 240 days in the fifth year and not eligible. Is there any clause by which he can fight for as he would have continued service but company has given him a notice of 3 months to look for other job and during this 3 months he will be only eligble for basic pay. Under such cirmcumstances can he fight for bec inspite of good service record missing gratuity by 30 days is unfair just because of company scam and policy in the last moment
8th February 2010 From India, Bhubaneswar

All i wanted to ask is one thing 4 yrs and 240 days is eligibility for any individual but what if u are shortfall of just 30 days against your will and wish, concerned person was aware of the fact and wanted to continue service by another month during this period satyam came up with a new policy under which employee will be given only basic pay and a time period of 3 months to look for alternative job. Now under such circumstances priority shifts when your job is at risk bec if he waits for grattuity eligiblety he will loose job. Can he fight for Gratuity.. if yes plz let me know how to proceed
8th February 2010 From India, Bhubaneswar

before putting down the papers concerned person knew that he was missing the gratuity just by 30 days but had no choice because 3 months of period was given to him by company to look for alternative job just because company is in bad shape his tenure and performance was excellent and was star performer
8th February 2010 From India, Bhubaneswar


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