Hi all,
As per the gratuity act I see that 4 years and 190 days is sufficient for one to become eligible for gratuity in a company that works for less than 6 days.
I have served for 4 years and 203 days in my company which works 5 days in a week.
Please clarify whether I'm eligible for gratuity or not....?
From India, Bangalore
As per the gratuity act I see that 4 years and 190 days is sufficient for one to become eligible for gratuity in a company that works for less than 6 days.
I have served for 4 years and 203 days in my company which works 5 days in a week.
Please clarify whether I'm eligible for gratuity or not....?
From India, Bangalore
you are not eligible for gratuity for service less than 5 years, in some judgements under specific circumstances courts granted gratuity for service less than 5 years which cannot be taken as a rule.
From India, New Delhi
421From India, New Delhi
Dear Mr Mahesh Please furnish your date of joining and date of leaving for me to take a view
From India, Madras
From India, Madras
Hi sir, My date of joining is 6th December 2010 And date of relieving is 29th June 2015
From India, Bangalore
From India, Bangalore
Hi sir, My date of joining is 6th December 2010 And date of relieving is 29th June 2015
From India, Bangalore
From India, Bangalore
The basic rule of entitlement to grauity is 5 years continous service in establishment.
But 5 years does not mean exactly 5 years-It could be even 4years 240 days or 4 years 190 days depending on type of establishment and number of days of work in a week.
Relevant sections of Payment of Gratuity Act are Section 2,2A.
2A defines continuous service
.
Section 4 of the same act defines payment of gratuity as: 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.
Continuos service is clarified in Sec2A.
Thus section 4 needs to be read along with section2,2A for better understanding.
From India, Pune
But 5 years does not mean exactly 5 years-It could be even 4years 240 days or 4 years 190 days depending on type of establishment and number of days of work in a week.
Relevant sections of Payment of Gratuity Act are Section 2,2A.
2A defines continuous service
.
Section 4 of the same act defines payment of gratuity as: 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.
Continuos service is clarified in Sec2A.
Thus section 4 needs to be read along with section2,2A for better understanding.
From India, Pune
no mahesh, its 4 yrs 240 days and that too in few states where the state courts have given any judgements. however for other states the law is same of 5 years. hence you are not eligible for gratuity.
From India, New Delhi
From India, New Delhi
The Act states one has to complete 5 years of continuous service from date of joining to date of leaving the service (with certain exceptions). 240 days work during a period of 365 days will be considered as a completed year only if 365 days have elapsed during the year in question. 6th December, 2014 to 29th June, 2015[/U] is not a period of 365 days. If you had worked 240 days from 6/12/2014 to 5/12/2015, last working day being 5/12/2015, then 240 during the period is enough for the period to be considered as one completed year. The Madras High Court judgment is not relevant in this case.
From India, Kolkata
From India, Kolkata
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