Madhu.T.K
Industrial Relations And Labour Laws
R.N.Khola
Labour Laws & Ir
Nilendrachand
Human Resource
[email protected]
Hr-executive
Jeet0611
Designer
+2 Others

Hi,
Recently i have resigned from my job & my working tenure here in this company is more than 6 years. The employee strength here in this company is around 14-16 people. No Provident Fund is deducted from our salary.
I want to ask whether i am legally eligible for the Gratuity fund?
Thanks,
Jeet

From India, Delhi
Dear Jeet,
Yes, you are eligible for gratuity. According to the Act, if 10 or more persons are employed then gratuity is payable by the company if the employee qualifies the eligibilty criteria.
Regards,
Nilendra


Hi Nilendra,
Thanks allot for your reply. You have said, "If the employee qualifies the eligibility criteria."
How many criteria’s are there to be eligible for the Gratuity?
What are those criteria’s?
Regards,
Jeet

From India, Delhi
You should work for a continuous period of 5 years.
There should not be any charges of misconduct or riotous behavior. In this case a portion/entire gratuity can be forfieted
This is the elegibility criteria
Regards,
Nilendra


Hi Friends, Otherwise if a person completes 4 yrs and 260 days means he is in 4 yrs and 261day, he is elegible for gratuity.
From India, Hyderabad
I just want to tell that i am working in a private company with 14-16 employee strength.
No PF or any other fund is deducted from our salary. Even then whether i am eligible for that(Gratuity)?
Regards,
jeet

From India, Delhi
Dear Deeshe,
Law has given a minimum period of five years of continuous service.
Again according to Gratuity Act, a year consist of 240 days. So if someone has worked for say 10/11 months can claim gratuity. Rationale is that the act says that if the last year of service if more than 6 months then it has to be taken as one full year. But here, in these type of cases (where the years of service is 4 yrs & few months) it is necessary that the employee has worked for more than 240 days.
Normally this kind of cases goes into court for final decision.
Regards,
Nilendra


what are the procedure to withdraw the gratuity amount suppose i have left the company after five year of continues service and how much i will get the gratuity
From India, Mumbai
For claiming gratuity you have to apply in form I.
Mr. Nilendra's observation about eligibility that 4 years and 240 days is not as per Payment of Gratuity Act but there are some court verdict supporting the employees who left after 4 years and after working for 240 days in the fifth year. However, as per the Act, 5 years continuous service is the basic requirement for eligibility for gratuity. And a fraction of year in excess of six months shall be taken as one year. This means that a worker who had worked for 6 years and 7 months will be eligible for 7 years gratuity and one who had worked for 6 years and 5 months will get gratuity for 6 years and so on. The reference to 240 days is that inorder to decide whether a person was on continuous servicce for 5 years, he should have worked atleast for 240 days (above the ground) or 190 days(below the ground) in any year.
Please find attached for I
Regards,
Madhu.T.K

From India, Kannur

Attached Files
File Type: doc Form I- gratuity.doc (22.5 KB, 285 views)

Dear Madhu sir,
I have a query if a person is working with a particular project and the the project is not yet completed and it is in commissioning stage. i,e the production is not yet started, is he/ she is entitled for Gratuity???
Kindly reply sir..

From India, Guwahati

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