Umakanthan53
Labour Law & Hr Consultant
Nathrao
Insolvency N Gst Professional
Jsnegi
Service
+1 Other

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