Dear Sir,
I have worked in an organization for a period of 4 years, 11 months, and 10 days (includes notice period). The details are as follows:
Date of Joining: 11-Oct-2007
Date of Resignation: 27-Aug-2012
Last working Day: 20-Sep-2012
My company asks for a 1-month notice period, which they say should be a 21 working days notice period.
As per the HR in my case,
I had given notice on the 27th evening and left on the 20th evening of September, which is an 18-day notice. I took off for 1.5 days in the notice period, so my notice period was 18 - 1.5, which is 16.5 days. According to company policy, I should give a 21-day notice, so I was 4.5 days short of the required notice time.
I had 5.5 days of leave left, which the company needs to pay me for. So, 5.5 - 4.5 days means the company needs to pay me for an extra day.
And they paid it.
I am inquiring about the gratuity bonus because I have learned that I am eligible for gratuity. However, my company says that I am not eligible because I have not completed 5 years in the organization.
I want to know if I am eligible for it or not. If I am eligible, how can I claim it if my company denies giving it?
I will be thankful for valuable suggestions.
Thanks,
Dinesh
From India, Bangalore
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5I have worked in an organization for a period of 4 years, 11 months, and 10 days (includes notice period). The details are as follows:
Date of Joining: 11-Oct-2007
Date of Resignation: 27-Aug-2012
Last working Day: 20-Sep-2012
My company asks for a 1-month notice period, which they say should be a 21 working days notice period.
As per the HR in my case,
I had given notice on the 27th evening and left on the 20th evening of September, which is an 18-day notice. I took off for 1.5 days in the notice period, so my notice period was 18 - 1.5, which is 16.5 days. According to company policy, I should give a 21-day notice, so I was 4.5 days short of the required notice time.
I had 5.5 days of leave left, which the company needs to pay me for. So, 5.5 - 4.5 days means the company needs to pay me for an extra day.
And they paid it.
I am inquiring about the gratuity bonus because I have learned that I am eligible for gratuity. However, my company says that I am not eligible because I have not completed 5 years in the organization.
I want to know if I am eligible for it or not. If I am eligible, how can I claim it if my company denies giving it?
I will be thankful for valuable suggestions.
Thanks,
Dinesh
From India, Bangalore
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Dear Dinesh You are very well eligible for payment of gratuity. For your ready reference attaching herewith the Madras High Court Judgement on the same issue. Rgds VP Jain
From India, Gurgaon
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From India, Gurgaon
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Dear Sir,
Thank you for your valuable reply. Please also let me know what steps I should take in order to obtain my gratuity if they are denying and trying to prove that I must have completed 5 years to be eligible for it.
1. I have already communicated with them via email and received a response stating they are not in favor of granting it.
2. I have also sent them Form I via registered post approximately 20 days ago, and I have proof of sending it as well.
Thank you,
Dinesh
From India, Bangalore
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Thank you for your valuable reply. Please also let me know what steps I should take in order to obtain my gratuity if they are denying and trying to prove that I must have completed 5 years to be eligible for it.
1. I have already communicated with them via email and received a response stating they are not in favor of granting it.
2. I have also sent them Form I via registered post approximately 20 days ago, and I have proof of sending it as well.
Thank you,
Dinesh
From India, Bangalore
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Hi Sir,
I have completed around 4 years, 9 months, and 14 days in the organization. They are telling me the same thing - that I am not eligible for gratuity as I have not completed 5 years. Could you please confirm if I am eligible or not?
Date of Joining: 24 April 2007
Date of Resignation: 08 Feb 2012
Thanks In Advance,
Arun Kishore
From India, Bangalore
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I have completed around 4 years, 9 months, and 14 days in the organization. They are telling me the same thing - that I am not eligible for gratuity as I have not completed 5 years. Could you please confirm if I am eligible or not?
Date of Joining: 24 April 2007
Date of Resignation: 08 Feb 2012
Thanks In Advance,
Arun Kishore
From India, Bangalore
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Dear Dinesh,
Just send a reminder to your employer immediately and attach the xerox copy of Form-I, which you had sent to him 20 days before through registered post, and wait for a week. If you don't get any response, you can send an application in the prescribed Form 'N' under the Payment of Gratuity Act to the Controlling Authority, i.e., the Labour Officer of the region, for direction.
From India, Gurgaon
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Just send a reminder to your employer immediately and attach the xerox copy of Form-I, which you had sent to him 20 days before through registered post, and wait for a week. If you don't get any response, you can send an application in the prescribed Form 'N' under the Payment of Gratuity Act to the Controlling Authority, i.e., the Labour Officer of the region, for direction.
From India, Gurgaon
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Pl. go thro the attached notes for your information and use them to claim your gratuity.
From India, Bangalore
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From India, Bangalore
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Yes, you are eligible for gratuity if you have completed 240 days in the 5th year. If you have worked for 5 years and 11 months, you have surpassed the 240-day requirement in the 5th year.
Thanks,
J.S. Negi
From United States, Chicago
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Thanks,
J.S. Negi
From United States, Chicago
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Hi Dinesh,
As per the Payment of Gratuity Act, once you complete 240 days in the fifth year, i.e., 8 months, you become eligible for gratuity payment. In your case, since you have completed 8 months, you are eligible for it.
Hope that helps!
Regards,
Mahwish
From India, Pune
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As per the Payment of Gratuity Act, once you complete 240 days in the fifth year, i.e., 8 months, you become eligible for gratuity payment. In your case, since you have completed 8 months, you are eligible for it.
Hope that helps!
Regards,
Mahwish
From India, Pune
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Once you have completed 240 days in the last year of service, you become well eligible to claim gratuity. Just post a written letter to your previous company with the above reference given by me and even mentioned in the gratuity act. So don't go straight away for any kind of legal action. Just resolve the issue out of court by making them aware of the actual law. After that, if there is no response, you can go for legal action.
From India, Delhi
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From India, Delhi
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Thank you all for the valuable suggestions in this matter. I will proceed by reminding them about the law and sending them a xerox of FORM I again. If I don't get the expected answer, I will get in touch with you again.
Thanks,
Dinesh
From India, Bangalore
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Thanks,
Dinesh
From India, Bangalore
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Dear Dinesh, U can quote the attached S.C.judgment in respect of "continuous service" "240 days per year of service" etc. for the purpose of gratuity. All the best. kumar.s.
From India, Bangalore
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From India, Bangalore
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Hello , Thanks to all whoever replied in this thread with their valuable information. I was able to convince my employer and I got the gratuity also. Many Thanks , Dinesh
From India, Bangalore
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From India, Bangalore
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Hi Anyone can give a clarification about leave details : what type of leaves are there and who are all eligible to the leaves .what are all the paid leave available .
From India, Chennai
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From India, Chennai
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Dear Govind,
The applicability of leave varies from employer to employer; it is not uniform across all employers. Mostly, these policies are industry-specific. For example, IT, government, trade, shops, offices, etc. Generally, there are three types of leave, namely:
1. Casual Leave: Normally one day per month of service rendered, i.e., 12 days in a year
2. 20 or 30 days of Earned Leave per year
3. 20 days of Medical or sick leave against a medical certificate
Additionally, there is Compensatory off for essential workers engaged on a paid holiday, which can be utilized later under proper understanding with the Head of Department.
Paid holidays amount to a minimum of 9 or 10 days in a year declared by the government. Apart from that, employers declare another 10 to 12 days as paid holidays according to state practices. Most regular employees are eligible for these leaves.
Kumar S.
From India, Bangalore
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The applicability of leave varies from employer to employer; it is not uniform across all employers. Mostly, these policies are industry-specific. For example, IT, government, trade, shops, offices, etc. Generally, there are three types of leave, namely:
1. Casual Leave: Normally one day per month of service rendered, i.e., 12 days in a year
2. 20 or 30 days of Earned Leave per year
3. 20 days of Medical or sick leave against a medical certificate
Additionally, there is Compensatory off for essential workers engaged on a paid holiday, which can be utilized later under proper understanding with the Head of Department.
Paid holidays amount to a minimum of 9 or 10 days in a year declared by the government. Apart from that, employers declare another 10 to 12 days as paid holidays according to state practices. Most regular employees are eligible for these leaves.
Kumar S.
From India, Bangalore
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Dear Govind,
Please go through the attached write-up. This will provide you with various practices and rules followed by different employers, depending on the applicability of leave to that particular sector. State and central governments follow one set of rules, while in the private sector, organized and unorganized sectors follow fully or modified leave rules from the Factories Act, etc., often in combination with the ESI/Maternity Act. Additionally, there are shops, multinational establishments, educational institutions, trusts, societies, partnership firms, proprietorship firms, etc. Much depends on the practices followed in the respective trades or sectors. Furthermore, there are differences based on hours and days of work, such as working 5 days a week or following a 6-day work schedule, which may be practiced by the parent or holding company, even if located outside India.
You are free to consider whatever is suitable and convenient in the interest of successfully running an establishment.
With regards,
Kumar S.
From India, Bangalore
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Please go through the attached write-up. This will provide you with various practices and rules followed by different employers, depending on the applicability of leave to that particular sector. State and central governments follow one set of rules, while in the private sector, organized and unorganized sectors follow fully or modified leave rules from the Factories Act, etc., often in combination with the ESI/Maternity Act. Additionally, there are shops, multinational establishments, educational institutions, trusts, societies, partnership firms, proprietorship firms, etc. Much depends on the practices followed in the respective trades or sectors. Furthermore, there are differences based on hours and days of work, such as working 5 days a week or following a 6-day work schedule, which may be practiced by the parent or holding company, even if located outside India.
You are free to consider whatever is suitable and convenient in the interest of successfully running an establishment.
With regards,
Kumar S.
From India, Bangalore
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Dear Sir,
Currently, I am working in a travel agency company, and now I have decided to resign from this company due to some disputes we are facing. I have worked continuously for 4 months and 11 months.
I am eligible for gratuity.
Thank you.
From India, Kolkata
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Currently, I am working in a travel agency company, and now I have decided to resign from this company due to some disputes we are facing. I have worked continuously for 4 months and 11 months.
I am eligible for gratuity.
Thank you.
From India, Kolkata
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Hi Mahwish Khan,
As you mentioned, according to the Payment of Gratuity Act, gratuity is payable once an employee completes 240 days in the fifth year of service. My question pertains to whether these 240 days include weekends (i.e., we have weekends off every Saturday and Sunday in our organization).
Looking forward to your response.
From United States, Tarrytown
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As you mentioned, according to the Payment of Gratuity Act, gratuity is payable once an employee completes 240 days in the fifth year of service. My question pertains to whether these 240 days include weekends (i.e., we have weekends off every Saturday and Sunday in our organization).
Looking forward to your response.
From United States, Tarrytown
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There is no difference in part-time or full-time employment under the Payment of Gratuity Act, assuming there is no break in service. Hence, gratuity will be calculated based on the last drawn wages of Rs. 10,000/- for a continuous service of 10 years. The gratuity amount will be Rs. 57,692/-.
Check out my blog at www.labourlawhub.com
From India, Kolkata
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Check out my blog at www.labourlawhub.com
From India, Kolkata
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Dear Sir,
I have been working in a Central Govt PSU. The reporting date to the Induction training is called Date of Joining. After a few months of training, we are appointed in the present grade, and this date is called Date of Appointment.
1) For the purpose of calculating gratuity, which date is considered? Date of Joining or Date of Appointment.
2) Though recently, I have completed 5 years of service, I was on Extraordinary leave (XOL or EXOL - Loss of Pay) for ten days without a Medical certificate owing to personal family problems. This happened during my third year of service. In general, this 10 days is treated as a break of service. Now, am I eligible for gratuity for my five years of service?
From India, Namakkal
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I have been working in a Central Govt PSU. The reporting date to the Induction training is called Date of Joining. After a few months of training, we are appointed in the present grade, and this date is called Date of Appointment.
1) For the purpose of calculating gratuity, which date is considered? Date of Joining or Date of Appointment.
2) Though recently, I have completed 5 years of service, I was on Extraordinary leave (XOL or EXOL - Loss of Pay) for ten days without a Medical certificate owing to personal family problems. This happened during my third year of service. In general, this 10 days is treated as a break of service. Now, am I eligible for gratuity for my five years of service?
From India, Namakkal
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Dear Sir,
I have worked in an organization for a period of 4 years, 11 months, and 27 days (including the notice period). The details are as follows:
Date of Joining: 11th November 2011
Date of Resignation: 7th October 2016
Last Working Day: 7th November 2016 (as per the resignation acceptance letter, but I was actually relieved on 3rd November 2016)
My company requires a 1-month notice period. I am inquiring about the gratuity bonus because I have learned that I am eligible for it. However, my company states that I am not eligible because I have not completed 5 years in the organization.
I would like to determine my eligibility for gratuity and understand the process to claim it if my company denies me. I would appreciate any valuable suggestions.
Thank you,
Gaurav
From India, Bakali
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I have worked in an organization for a period of 4 years, 11 months, and 27 days (including the notice period). The details are as follows:
Date of Joining: 11th November 2011
Date of Resignation: 7th October 2016
Last Working Day: 7th November 2016 (as per the resignation acceptance letter, but I was actually relieved on 3rd November 2016)
My company requires a 1-month notice period. I am inquiring about the gratuity bonus because I have learned that I am eligible for it. However, my company states that I am not eligible because I have not completed 5 years in the organization.
I would like to determine my eligibility for gratuity and understand the process to claim it if my company denies me. I would appreciate any valuable suggestions.
Thank you,
Gaurav
From India, Bakali
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If you have worked for 240 days in the fifth year (which I think you have), you are entitled to gratuity. Send Form I under Registered post to the company and wait for a month. If they do not pay, file an application under Form N before the Controlling Authority under the Payment of Gratuity Act.
Since your last day of work is the 7th of November '16 and more than three months have already passed, you are also required to file an application for condonation of delay along with Form N.
From India, Kolkata
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Since your last day of work is the 7th of November '16 and more than three months have already passed, you are also required to file an application for condonation of delay along with Form N.
From India, Kolkata
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc