Thanks for your reply but as i searched for Gratuity eligibility, where i found that one of Madras High courts judgement says that the employee had completed 4 years 240 days in 5th year i-e 4 years 10 months and 18 days is eligible for Gratuity so would request you to clear me about this Judgement...
Copy of Judgment also attached for your reference..once again thanks..
From India, Delhi
First make a application to your employer asking to pay Gratuity mentioning your date of joining and date of leaving.By register post.
Wait for 15 days and then send a reminder letter to your Employer highlighting your first letter is not considered which is payable along with interest applicable.
Wait for 15 days Send a third Letter to your Employer that it is a notice under the Payment of Gratuity Act, 1972 claiming the amount and you are proceeding towards the Controlling Authority Under the Payment of Gratuity Act,1972 under your Employer Jurisdiction. addressing a copy of this notice to the Controlling Authority under the Payment of Gratuity Act, 1972.
Approach the Controlling Authority under the Payment of Gratuity Act, 1972 with your letters and evidences such as payslip, evidence for date of joining and leaving along with your copy of representations submitted. Obtain Form 'N' either from the controlling Authority or down load the form 'N' from the net. Fill it and file it before the Controlling Authority in Triplicate so that the third copy is yours specifying your claim in amount. The Authority will hear your case and dispose it. This is the procedure I am adopting in Puducherry Jusidiction for such claims.
From India, Pondicherry
Many of organisation are not paying the gratuity until completion of 5 years service, Each organisation has their standard policies/practices, you can show the Madras high court judgement regarding gratuity grievances, wait & watch for their statement, then you can proceed the case in labour court.
From India, Pune
Thank you for your valuable insight.now from where i see the case,
The company is liable to pay gratuity as per payment of gratuity act 1972.
and No deduction shall be made on part of salary of employee when it comes to gratuity however for PF emoluments in lump sum of 12% are deducted and similar 12 % is contributed by the employer.
However there are few requirements on the part of employee for claiming of gratuity:
1 He should have worked for not less than five years for the employer or in certain cases 4 years and in excess of six months. (please note : minimum time(days) to consider a year as continuous year of service is 240 days if working above ground and 190 days in case of mines) So, here the claim is valid by the employee.
The Gratuity is Calculated as follows : ( Basic + DA ) /26 X 15 X No of Years Worked.
Also as For Coverage of the ACT to your company ,
Yes , if 10 or More Persons have been , or were employed in any day of the preceding 12 months then yes , gratuity is applicable.
As far including current amendments :
Gratuity upto INR 10,00,000 is tax free and The maximum Gratuity Payable should not exceed a total of 20 Months Wages.
Hope your Query is cleared for some extent.
And please other members if i am wrong anywhere please do correct me....i am always open to learning
However for people with doubt in any thing related HR fraternity can contact me on my linked profile
Arakanshu Singh - India | LinkedIn or mail :firstname.lastname@example.org.
From Singapore, Singapore
Madras High court judgement is valid in Tamilnadu only.
In other states, you can request to adopt Madras judgement and to consider for gratuity payment.
They may accept it or reject it according to their company policy.
However, you can request them for payment.
From India, Hyderabad
Is gratuity stands payable if employee is terminated after completion of his service more than five years.
One case has happened and we have terminated services of an employee after completing seven years in our organisation. He is terminated for his habitual absent ism and his non performance....
In this case should we pay him gratuity?
From India, Thana