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nehamalviya
2

Respected Seniors,
My Sister Joined reputed IT company on 2nd July 2007 her last working day is 24th April 2012. Is she eligible for Gratuity and bonus? She has Saturday,Sunday off facility.
Please help me with the reason,if yes why? if no then why? So that we can put our side while negotiating with the HR.
Thanks in advance,
Neha

From India, Mumbai
jayambe
Dear neha, my sister is liable for gratuity if sha had done continuous service of five year. If in the fifth year she had completed 240 days than also she is liable to get gratuity. If she had work 30 days work in financial work that is onword march
i hope that is needful to u
if any question than ask

From India
bas25101981
Dear Those who worked for 30 days in financial year are eligible for bonus those who works for 4 years 240 days are eligible for gratuity
From India, Nalgonda
Gulshan Rai Sharma
for bonus there is a eligibility limit with respect to the salary also.
2. gratuity, it is clear that there is eligibility after 5 contineous year or 4 years and upon completing 240 days in the 5th year.

From India, Chandigarh
skjohri1
84

Dear Neha,
Your sister is eligible for gratuity for having completed continuous service of 4 years and 240 days in the subsequent calendar year. She is also eligible for bonus on having completed continuous service as stipulated under Payment of Bonus Act.
Regards
S.K.Johri

From India, Delhi
Ashi Rana
19

Dear Neha,
1) Yes, she is eligible for Bonus and as per Payment of Bonus Act, the payment of bonus due is to be paid annually. But In case of New organisation can optional paid the bonus for initial 5 years, and after 5 years must have to pay the same annually.
2) In case of Gratuity, again she is eligible as she had completed continuous service of 4 years and 240 days in the subsequent calendar year and the same is to be paid with or further to her full and final @ current basic/26*15*5 i.e. =whatsoever amount.
regards,

From India, Solan
nehamalviya
2

Thanks a lot every one !!! It’s really helpful to me. Please let me know, Do we need to hire a lawyer ? because HR is not accepting this concept of 4 years 240 Days. Thanks, Neha
From India, Mumbai
coolhero4u4ever
13

Hi Neha,
did you try to find out why is the HR not accepting the concept as mentioned by you 4 years 240 Days
I would suggest ask your sister write email to the concern HR with who you have interacted and c/c copy to Head of HR and her reporting boss wait for a week's time if they do not revert to you with reason.
I am not sure what cadre your sis was working,if she was at level above supervisor she will have to approach a civil court; if she comes under blue coloured employee then she can approach labour court under (IDAct or (PULP and MRTUP act for Mahrashtra)
documents you would like to submit would be her appointment letter and last 3 salary slips
have copy of your complaint registered by you in court and scan and re-mail that copy to all the concerns whom you had written email earlier.
for more details you can get in touch

Regards
DEV

From India, Mumbai
skjohri1
84

Hi, Neha,
The HR may not be aware of the High Court Ruling to this effect. You may please collect one and remit to your sister for transmission to her HR, alternatively, let her claim on completion of 05 years.
Regards
S.K.Johri

From India, Delhi
nehamalviya
2

Respected Seniors,
Thank you so much. My Sister had word with the HR with reference to your replies on Citehr.
Now her HR head replied to her with promise to pay gratuity, for bonus we are still in discussion with them
Thanks a lot once again.
-Neha

From India, Mumbai
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