Labour Law & Hr Consultant
Kumaran Praveen
Director - Hr
Recruitment/talent Acquisition, Career Counselling
Jeena Elsa
+1 Other

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My company was registered to a Pvt. Ltd. firm in 2008. One employee who joined in 2007, is now relieving in 2015. In between she took a leave of one year. She is claiming her Gratuity. What i want to know is , should i take the years of service as 7 or 6 ? ( 2007 to 2015 - 1)= 7 or 2008(co. registered) to 2015- 1)= 6
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when she not served 240 days in a year, she is not eligible for gratuity and hence you can give gratuity for 7 years of service.
Ok, Thank you Jagat. What i wanted to know was, can we reduce mentioning the company registered year? she joined in 2007 and company was registered in 2008.
no. whether a company is registered or not, do not deny the gratuity eligible as she joined in 2007
Hi, She is eligible to get gratuity for 7 years. With regards Mr.Thumbs Up
Dear Jeena,
If she has not worked for 240 days in a particular year, you need not consider that year for paying gratuity. You calculations will be for 6 years. Date of joining will be considered not the co registration for calculating gratuity.
Hi Acts Says the below Points,
Nomination (Sec 6)
Each employee who has completed one year of service is required to make a nomination
for the purposes of gratuity in case of his death. There can be more than one nominee.
(Form F).
Nominees may be changed at any time by the employee, by giving a written notice to the
employer. (Form H).
If no nomination has been made, it shall be paid to the legal heirs of the deceased
employee or if the heirs are minor, the share of such minor shall be deposited by the
controlling authority with a bank till he attains majority.
if no nomination is named , you may ask nominee to prove they are legal heirs of the deceased person. By providing certificate like family ration card, marriage invitation etc.
Dear Praveen ji, Thanks so much!! Can you please tell me what is: 1.Claimant Statement Part-1 2.Employer Statement-Part-2 in context of gratuity payment?Thankss
The constitution of the establishment and its subsequent change whether in its form or ownership have no relevance to payment of gratuity. What is relevant is the continuity of service of the employee in the establishment, completion of qualifying service of not less than 5 years of continuous service on normal termination of employment and rendering of continuous service in every year.
Dear Sir/Mam, I want to know that " suppose co. is registered under shop act" then employee is eligible for gratuity or not who is working since 2010 to till 2015 august.
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