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

Thread Started by #Jeena elsa

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
22nd July 2015 From India, Mumbai
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.
23rd July 2015 From India, New Delhi
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.
23rd July 2015 From India, Mumbai
no. whether a company is registered or not, do not deny the gratuity eligible as she joined in 2007
23rd July 2015 From India, New Delhi
Hi, She is eligible to get gratuity for 7 years. With regards Mr.Thumbs Up
23rd July 2015 From India, Chennai
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.
23rd July 2015 From India, Hyderabad
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.
29th July 2015 From India, Chennai
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
30th July 2015 From India, Bhilai
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.
1st August 2015 From India, Salem
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.
19th August 2015 From India, Gurgaon
Hello Jeena Elsa,
When did the employee take 1 year leave?
IF it happens to be somewhere in between.....thereby NOT completing 5 CONTINUOUS years of service, she wouldn't be eligible for Gratuity--the key word will be CONTINUOUS like other members mentioned.
19th August 2015 From India, Hyderabad
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