sir, i worked in a private polytechnic for 13 years and resigned my job,now i am working in another i am eligible to claim the gratuity if possible send me the way to approach. help me
From India, undefined
+4 Others

Yes, as per the Rule Minimum service period required is 4 years and 8 months (i.e. 4 years & 240 days)
As your no. of years of complete dservice is 13 years, you are eligible to get your gratuity for complete 13 yrs based on below formula:
Last Basic Salary drawn p.m.*15/26 * No. of years of complete service
Kindly approach your previous company for your gratuity settlement.

From India, Mumbai
i came to know that iam eligible for gratuity from last message i posted ,now i like to know where and how to claim the gratuity.
From India, undefined
Dear Ms. Swapna,
There is no rule which states that 4 yrs. 8 months will entltle you for Gratuity. The Act provides for 5 yrs. to be eligible for Gratuity. Kindly provide me with the legal provisions in this regards. In so far as the case of Mr. Sarveshwar, it is felt that as per amendment, teachers at the primary, secondary, college level of unaided institutions are eligible for gratuity, with retrospective effect from April 3, 1997. The unaided schools/colleges/institutions should have arranged for compulsory insurance from LIC, Policy from LIC to bear the payments or the employers should pay from their own resources.

The schools under the control of local bodies were covered under the Act with effect from 8.1.1982. The employees of the Government schools are already entitled to gratuity under the extant rules of the Government governing gratuity and pension but the employees of the private schools were having no legal entitlement to gratuity. As gratuity is an old age retiral social security benefit, it was considered desirable to extend the benefit of the Payment of Gratuity Act, 1972 to all employees employed in all educational institutions having ten or more persons. Accordingly, the Central Government extended the provisions of Payment of Gratuity Act, 1972 to the educational institutions employing 10 or more persons vide the Ministry of Labour and Employment Notification No. S.O. 1080 dated 3 April 1997. The Notification came into force w.e.f 19.4.1997, date when it was published in the Gazette of India.The definition of “employee” under section 2 (e) of the Payment of Gratuity Act, 1972, was modified and the Government has made the amendment with retrospective effect from April 3, 1997.
Trust the above clarifies the matter.
Praful M Lale
Labour Law Consultant
(M) 9820445140

From India, Mumbai
I have a similar query on gratuity.
I have been in continuous employemnt with my employee for a periof 9.5 months. I joined on August 25, 2005 and my last day of service was january 31, 2015.
For the purpose of calculation of gratuity, they state that it shall be paid only for 9 yrs and not for the balance 5 months as gratuity is payable for any year only if 6 months or more service in that year is completed.
Would i have to loose my 5 months service gratuity coz i am 20 days short to completing six months for that year. Does the continuous service not count?
Could i get some help on this.
Thanks & Regds

From India, Mumbai
What is the procedure to claim /receive gratuity if the employer (proprietor) is not willing to pay taking a plea that the co. is not registered under gratuity Act. What /who is the competent authority to approach.
From India, Kolkata
There is no such thing called registration of establishment as per Gratuity Act 1972.
I think the section 4 A of POG Act which provides for insurance coverage of liability to pay gratuity has not been enforced.If it is, kindly quote the GO.
If employer is denying gratuity please approach the Controlling Authority under the Act.
Varghese Mathew

From India, Thiruvananthapuram
even after getting the provident fund from the employer,claiming the gratuity is eligible
From India, undefined
I got the pf amount through employer ,is it possible now to claim the gratuity for my 13 years experience in polytechnic college.
From India, undefined
I have resigned from my job in January 2016, and I have closed my pf account by withdrawing my pf account, now is there any chance to claim my gratuity now.
Now I am working in another organization from Feb 2016 to now with a new pf account. please confirm how to proceed if I am eligible.

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