Bcarya
Assistant Manager - Hr
Ajayks09
Sr Associate Hr/ir
Loginmiracle
Consultant & G.m.
+3 Others

Dear All,
I am working in MNC last five years now i am going to resign immediately short notice period. my date of joining is 28.01.2008 and resignation filed on 23.1.2013 with notice period up to 31.01.2013 .
kindly let me know my eligibility for gratuity & your suggestion for the same.
as per my contract I have 2 month notice period.

From India, Chennai
As per Payment of Gratuity Act-One is eligible for gratuity provided that the employee has rendered continuous service for not less than 5 years. But there is a judgement from Court which tells one is eligible for gratuity even if one works for 4 years and 240 working days. Employer takes note LOP days i.e. Loss of Pay days (Absent from work) during calculation of gratuity.
Regards,
Suresh

From India, Bangalore
.
:You have already worked for almost 5 yrs. so you are eligible to get the gratuity. You should apply to the concerned in the Form I (attached) to claim the gratuity immediately after your last working day in this co.
kumar.s.

From India, Bangalore

Attached Files
File Type: doc Gratuity application Form-I.doc (28.5 KB, 1051 views)

Hi mari_eng,
As per the Payment of Gratuity Act 1972, Gratuity amount is payablw when an employee completes 5 or 4 years and 240 days of continuous service with the company.
The government has hiked the limits of gratuity payment from Rs 3.5 lakhs to Rs 10 lakhs. This enhanced limit is applicable to employees who retire, become incapacitated before retirement, expire or whose services were terminated on or after May 24, 2010.
you need to fill FORM-I to apply for your gratuity amount

From India, Mumbai
Hi Mari_Eng
Since you have completed the required period of time for gratuity paymant, but one thing comes forward i.e s you have made notice period for two months and you want a short notice period. But as per Gratuity Act(ammended) you are eligible for payment of gratuity and you can process in Form-I enclosed by Kumar.S. Monica has clearly described about the same in details.
Regards
Ajay

From India, Jamshedpur
Dear Mari_eng;
The applicability of Gratuity is depends on the "Date of Leaving" from the organization. As you have mentioned that you resigned on 23-01-2013. And, on that day, your services tenure is Less than 5 Year. Whereas, it doesn't matters. The date which matters is that, on which you worked last. As you have mentioned that, you have given the notice upto 31-01-2013. So, if you have worked till 31-01-2013, then your service tenure is more that 5 years and as per the Payment of Gratuity Act, 1972, you are eligible for the Payment of Gratuity.
The gratuity can be calculated by the below formula:
((Last Basic + DA) * 15 * 5) / 26 = Gratuity Payment [In your case]

From India, Delhi
I am working in Firm last Eight years now i am going to resign immediately short notice period. my date of joining is 29.09.2005 and resignation filed on 15.10.2014 w.
kindly let me know my eligibility for gratuity & your suggestion for the same.

From India, Hyderabad
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