Query
Hi,
I have been working for a private company for past 4 and half years. Am I eligible for Graduaty after completing 4 years and 240 days the reason I have this doubts is I never had PF deduction in my salary. Please advice.
When I joined in organization HR of this company told me that you will not get PF as your salary crossed more than 10,000.00.
Kindly advice me whether I am eligible for Graduaty after completing 5 years in this organization.
Thanks in Advance.
Regards,
Senthil.V

14th June 2010 From India, Madras

PARTICIPATING IN DISCUSSION:
Arunsinghal1969
Hr, Personnel And Administration
+3 Others

for ur knowledge gratuity is not effected by PF, yes, surely u will get gratuity if u complete ur continous service of 4yrs + 10mnyhs n 18dys of 5th yr......
14th June 2010 From India, Pune
Yes as per latest supreme court ruling on gratuity, you will be eligible for gratuity after completion of 4 years and 240 days. Arun Singhal
16th June 2010 From India, New Delhi
No u r not eligible for gradutiy time limit for this is 5 years, and pf limit is 6500/- if somebody is getting salary below 6500 he is eligible for pf, if he cross the salary by 6500 and above he is eligible for the same. No matter what ever is the salary
16th June 2010 From India, Faridabad
Dear Arun,

A person is eligible to get gratuity only if he had completed 5 years (except in case of death or disablement) in the organisation. 4yrs and 240 days is not the criteria for eligibility. In case of death, if an employee had worked for even one day, we need to pay gratuity presuming that the deceased employee would have continued his service for 5 yrs.

Section 4 of Payment of Gratuity Act, 1972 very clearly states that "Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, -

a) on his superannuation, or

b) on his retirement or resignation , or

c) on his death or disablement due to accident or disease:

Provided that the completion of continuous service of five year shall not be necessary where the termination of the employment of any employee is due to death or disablement".

However if you have the recent ruling of the Hon'ble S C judgement. plz do share with the team.

regards

San
16th June 2010 From India, Bangalore
PF membership is not compulsory for getting gratuity. You will be eligible for gratuity after completion of 5 years in this organization.
Sir ,
Even in my organization we don't have the PF , ESI kind of benefits.
Is it possible to avail employee benefits like Gratuity , Meternity ,peternity benefits.
Or the benefits is discriminated by the management .
Waiting for your reply.
16th June 2010 From India, Secunderabad
Dear Friends,
This is regarding, minimum period to be served to get gratuity. As per HC Madras Judgment it is 4 years 240 days of continuous service.
Copy of the same has been attached.
Regards,
P Mohan Gandhi
18th June 2010 From India, Madras

Attached Files
File Type: doc Gratuity.doc (112.5 KB, 252 views)
you are right Moahn. Madras HC Judgment is attached. Thanks a lot... Hence a person working (Continuous service )for 4 years & 240 days is eligible to get Gratuity. San
19th June 2010 From India, Bangalore

Attached Files
File Type: pdf Madras High Court _ Gratuity Judgement.pdf (1.55 MB, 66 views)
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