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Hi, How many years continuation in service for eligibility of gratuity? 5 years or 4 years 240 days....
From India, Mumbai
hello kartik, As per the amended act,the years should be not less than 5 year of continuation in service................ regards, suchita.
From India, Pune
Hi Suchita,
yes you're right.... But for tamil nadu, employees have to be complete only 4 years & 240 days for eligiblity.... Please refer the attachment....
waiting for your comments....
cheerz,
S R Karthik

From India, Mumbai

Attached Files
File Type: pdf Gratuity Madras High court Judgement[1].pdf (1.55 MB, 1254 views)

hi friend . i need one help , pl tell me how can i post my requirements here . mohamedreh at yahoo dot com
From India, Madras
Dear Mr.karthick
The eligibility criterion for getting gratuity under the Payment of Gratuity Act is five years continuous service. and not four years. How to calculate the one year of continuous service was decided by the Honourable Madras High Court in the judgment referred to by you. A worker is deemed to have completed one year of continuous service if he had worked for 240 days in that particular year. The law on this issue is the same throughout India and is not specific to any particular State.
V.Harikrishnan

From India, Madras
Hellow,
I am working for a software Company and I am wondering whether I am eligible for the Gratuity.
Here are my details:
I worked from April 2005 to June 2007 in India and moved to onsite(U.S.A) through the same company and also still (till date)working with the same company.
Please help me on this.
Thanks,
Bhanu.

From United States, Hamden
Dear breddy4197
I need the following information to respond to your queries.
1.What is the nature of work done by you in the company
2.What are the terms and conditions under which you were sent to onsite.
3.During your onsite posting who is your employer
V.HARIKRISHNAN
Joint Commissioner of Labour(Retired)
Government of Tamilnadu
Labour Law Consultant
Chennai

From India, Madras
1.The nature of the Job is software. 2.I have been moved to onsite on deputation. 3.My employer in India and at onsite are the same i.e Cognizant. Thanks, Reddy.
From United States, Hamden
Respected experts,
i have worked 12 years with a JV company which is only importing and selling machines from its parent European JV partner. In India the co. was run by single promoter who now has planned to sell off his JV share to parent company after showing them a highly optimistic forecast, when the new employer takes over obviously they will have high expectation from a small workforce of us who have worked very hard all these years under the promise of better prospects with scarce resources & training and we are not optimistic now due to the changing product's market trends (since this negotiations have been going on for last 3years which has drained our patience & energy.
Can we claim our gratuity/any other benefits from present promoter or are we in compulsion to work under the new owner once the transitions suddenly takes place? do we not have any choice ? ideally we would like the our association of 12 years with present company to be rewarded first (with gratuity etc.) before entering (or not) into a new work agreement with new management. Hope you understand our dilemma and will support with useful information.

From India, Delhi
Respected experts,

i have worked 12 years with a JV company which is only importing and selling machines from its parent European JV partner. In India the co. was run by single promoter who now has planned to sell off his JV share to parent company after showing them a highly optimistic forecast, when the new employer takes over obviously they will have high expectation from a small workforce of us who have worked very hard all these years under the promise of better prospects with scarce resources & training and we are not optimistic now due to the changing product's market trends (since this negotiations have been going on for last 3years which has drained our patience & energy.

Can we claim our gratuity/any other benefits from present promoter or are we in compulsion to work under the new owner once the transitions suddenly takes place? do we not have any choice ? ideally we would like the our association of 12 years with present company to be rewarded first (with gratuity etc.) before entering (or not) into a new work agreement with new management. Hope you understand our dilemma and will support with useful information.

From India, Delhi

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