lajpatkurdiya
Dear HRs, I need your advice. My concern is that "Am I eligible for gratuity or not ?"
I have worked for a small organization for more than five years. Now I have resigned. Company is registered. Company size is 5-10 employees only.
Will I get the gratuity amount on my Full and Final or not? I do not know about that my company comes in the gratuity act or not or if they follow this process.
Please help me.
Regards

From India, Gurgaon
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Nathrao
Insolvency N Gst Professional
Jsnegi
Service
+1 Other

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nathrao
3113

Applicability of gratuity:
Applicability of Act
The Payment of Gratuity Act 1972 applies to the whole of India and so far as it relates to ports and plantations it does not apply to the State of Jammu and Kashmir. It applies to: (a) every factory, mine, oilfield, plantation, port and railway company. (b) Every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishment in a State, in which 10 or more persons are or were employed on any day in the preceding 12 months.
So you have to be certain that 10 or more employee where hired in the last 12 months.

From India, Pune
umakanthan53
5945

The numerical strength of the employees is the criterion for the applicability of the Payment of Gratuity Act,1972 only in respect of shops or establishments and notified establishments as mentioned in sec.1(3)(b) and (c) of the Act respectively. Sec.1(3-A) of the Act explicitly clarifies that the subsequent reduction in the minimum no. of 10 employees in the establishment is inconsequential for its continued application.
Since the poster's worked for more than 5 years before his resignation, he is eligible to get gratuity.

From India, Salem
jsnegi
11

Dear Mr. Lajpat,
You are eligible for the gratuity since you have completed five years of continuous services as it is applies to the establishment i.e registered under Factory act, Shops establishment , mines act,etc.

From United States, Chicago
nathrao
3113

With the bare information posted by querist,one cannot be sure whether he is entitled for gratuity or not. Unless he gives additional info we cannot opine about eligibility of gratuity.
From India, Pune

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