I had been working in Private IT company in Mumbai from 1st Jan'2011 to 23rd Dec'15. I had sent 2-3 emails for gratuity but they denied. They said that I am not eligible to fit as per criteria period as per state labour consultant. and they have not reverted on my mails yet. Hence please let me know that if i am eligible for gratuity or not.
16th October 2016 From India, Mumbai
If you resign in January 2017, you would not have completed a service of 5 years so you will not be eligible for Gratuity payout.
The amount of 2749 seems to be the Company's contribution towards your Gratuity to the registered trust or Gratuity policy.
For Query 2 from Mumbai
You have just missed the timeline of 5 years by a few days.
However, the law provides for 4 years and 10 months also. You should check with the exact eligibility policy of the Company.
17th October 2016 From India, New Delhi
As per Payment of Gratuity Act, 1972, any employees become eligible for the gratuity when he has completed five years service. The employee who has worked for 240 days in a year, then a year is treated complete year. Since the employee has completed four years and 240 days, he/she will be elegible for gratuity but after the completion of five years whether works for remaining period beyond 240 days or not.
For easy reference sharing the link to the same, detail information is provided. Also there i a well known case where the employee had won the battle in the court of our respected court of India. And that has now become the bench mark of payment of gratuity across companies. I do not recollect the case.
Gratuity Act, Amendment, Acts, Eligibility, Abstract, benefits
Hope this helps you. This information shared to you is the best of my knowledge. I request you yo please do check with concern authorities before you action on the same.
Have a pleasant day.
17th October 2016 From India, Mahesana
Please check definition of continuous service under the Act. FYI 240 days is for orgs working 6 days a week, for orgs working 5 days a week the requirement is 190 days.
Almost every post mentions only 240 days. Guys, wake up!
19th October 2016 From India, Mumbai