R.N.Khola
Labour Laws & Ir
Mnsahu
General Manager, Corporate Hr
9871103011
Private Consultant On Labour Laws
Venkatraghavanm
Ir, Er, Payroll, Recruitment,
Rajendra Bhavsar
Manager (personnel & Administration)
+7 Others

An employee joined our organisation on his 55th year of age and now due for retirement after 3 years of his service with us Is he eligible for gratuity ?
12th October 2013 From India, Mumbai
no he will be eligible for gratuity under payment of gratuity act. but employer can pay him ex-gratia.
12th October 2013 From India, Pune
Dear, As per Gratuity Act an employee should render continuous service for not less than five year to avail the gratuity,so the employee is not eligible for gratuity.
12th October 2013 From India, New Delhi
Dear Friend,
As u are aware, as per gratuity rule an employee is entitled for gratuity on completion of 5 years of service in normal case but if the employee is ask to leave or say due to any reason if an employees is kicked off on completion of 3 uears of service than that employee is entitled for gratuity.
13th October 2013 From India, Mumbai
How to calculate gratuity if employee has worked for 10 years and 7 months continuously
14th October 2013 From India, Surat
10 years and 7 months will be considered as 11 years under PGA
14th October 2013 From India, Pune
Dear Tannex,
As per Payment of Gratuity Act,1972,an employee should have rendered continuous service for not less than five years to avail the gratuity. However the completion of five years is not necessary, where the termination of the employment is due to death or disablement. Thus, the individual, you have mentioned,shall not be eligible for the payment of gratuity.

BS Kalsi
member since Aug 2011
14th October 2013 From India, Mumbai
Dear Member,
Which of the Rule ( Central or State) says that if an employee is kicked off or asked to leave on completion of 3 years of service then that employee is entitled for gratuity ?
R.N.KHOLA
(M)09810405361
Welcome Skylark Associates

14th October 2013 From India, Delhi
Dear Sh Desai ji,

I want to draw your attention to your yesterday's mail where you have mentioned that "an employee is entitled for gratuity on completion of 5 years of service in normal case but if the employee is ask to leave or say due to any reason if an employees is kicked off on completion of 3 years of service than that employee is entitled for gratuity". I would like to add that an employee is not entitled to gratuity in normal case but only on termination of the employment after completion of continuous service for not less than five years (i) on his superannuation or (ii) on his retirement or resignation or (iii) on his death or disablement due to accident or disease.

I am sorry I have not been able to trace the provisions where an employee is entitled for gratuity if he is asked to leave or say due to any reason if an employees is kicked off on completion of 3 years of service. I shall be grateful if enlightened on the provisions existing in the Payment of Gratuity Act,1972 or Rules.

Regards,

BS Kalsi

Member since Aug 2011
14th October 2013 From India, Mumbai
Dear Minayan Desai, Pl clarify under what provision of the Act any employee with 3 years or less service is paid gratuity and where it is being in practice as stated by you.
14th October 2013 From India, Selam
Dear All,
An employee is entitled for gratuity only after serving 5 years of meritorious service .In this case if he is on the rolls of the company and should have worked 240 days in a year to enable him gratuity for that year. Any service in a year less than 240 days will disqualify him from getting gratuity. However, company is at liberty to consider this period.
Thanks,
Mritunjay Nath Sahu
GM(HR)
15th October 2013 From India, Vadodara
Dear Seniors,
I need clarity on gratuity, one of my colleague has resigned recently and his date of joining 09.10.2008 and the relieving date is 31.07.2013. which is 4 years 9 months and 22 days. Hence I request you to please clarify me whether he is eligible for gratuity or not?
Anticipating your valuable response.
Regards,
Ravi
17th October 2013 From India, Hyderabad
Dear Sir/Mam, What is gratuity rule? how can calculate it? Please explain. Ravindra Sharma
19th October 2013 From India, Delhi
Dear Ravi,
You are advised to see the trailing mail posted by Sh Mritunjay Nath Sahu where he has nicely explained that an employee borne on the muster rolls of the company should have worked 240 days in a year to enable him to earn gratuity for that year. Any service in a year less than 240 days will disqualify him from getting gratuity.
In view of the above, you need to calculate the numbers of days you have worked in each of the years including the last year of your service.
BS Kalsi
Member since Aug 2011
21st October 2013 From India, Mumbai
1) 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 years shall not be necessary where the termination of the employment of any employee is due to death or disablement:
Hence it is clear that only in case of death of disablement the condition of 5 years service does not apply.
If the employee has worked for 240 days in 5 th year then also he will entitled for gratuity even if he has not completed 5 years.
Rajendra Bhavsar
Manager (P&A)
Afcons Infrastructure Ltd., CMRL Project,
Chennai.
8754543347.
21st October 2013 From India, Mumbai
Dear Sir want to know the Provision Of PF, ESI And gratuity for the employee over 58 yrs. As we are transferring him from company payroll to contractual payroll
9th August 2014 From India, delhi
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