Hello friends,
I have joined the company as a trainee for one year, i.e., from Dec 2011 to Nov 2012. After completion, they confirmed me as a regular employee from Dec 2012. Now, I am resigning this month, i.e., April 2017. My total experience, including the training period, is 5 years and 5 months. I want to know if I am eligible for a gratuity amount or not.
Best regards,
Amit Singh
From India, Delhi
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I have joined the company as a trainee for one year, i.e., from Dec 2011 to Nov 2012. After completion, they confirmed me as a regular employee from Dec 2012. Now, I am resigning this month, i.e., April 2017. My total experience, including the training period, is 5 years and 5 months. I want to know if I am eligible for a gratuity amount or not.
Best regards,
Amit Singh
From India, Delhi
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Payment of Gratuity Rules and Due Dates
Under Section 4 of the Payment of Gratuity Act 1972, gratuity shall be payable to an employee on the termination of their employment after they have rendered continuous service for not less than 5 years. Termination of employment may result from superannuation, retirement, resignation, death, or disablement due to accident/disease. As held in the case of Darshan Engineering Works vs. controlling authority, where an employee continues to work after superannuation, they will be entitled to gratuity for the entire period and not only up to their superannuation.
Read more about the Payment of Gratuity Act, Rules, Forms, Returns & All Other Information at this link.
From India, Kolkata
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180Under Section 4 of the Payment of Gratuity Act 1972, gratuity shall be payable to an employee on the termination of their employment after they have rendered continuous service for not less than 5 years. Termination of employment may result from superannuation, retirement, resignation, death, or disablement due to accident/disease. As held in the case of Darshan Engineering Works vs. controlling authority, where an employee continues to work after superannuation, they will be entitled to gratuity for the entire period and not only up to their superannuation.
Read more about the Payment of Gratuity Act, Rules, Forms, Returns & All Other Information at this link.
From India, Kolkata
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Dear Aflatun18,
You are eligible for Gratuity. As per the Act all employees (other than Apprentice) employed in any Establishment, Factory are eligible for gratuity after completing “5 years” of continuous service.
Here the important point is that whether you have sufficient docs to prove your training period in the company. (Like format appointment letter, salary transfer to your bank, salary slip, attendance etc.). Hope you will easily get your gratuity.
From India, Delhi
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You are eligible for Gratuity. As per the Act all employees (other than Apprentice) employed in any Establishment, Factory are eligible for gratuity after completing “5 years” of continuous service.
Here the important point is that whether you have sufficient docs to prove your training period in the company. (Like format appointment letter, salary transfer to your bank, salary slip, attendance etc.). Hope you will easily get your gratuity.
From India, Delhi
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Dear Amit,
As per the gratuity judgment held in the court of law, gratuity can be claimed if the employee had worked for 4 years and 240 days. In your case, the training period will not be considered for the calculation of gratuity.
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As per the gratuity judgment held in the court of law, gratuity can be claimed if the employee had worked for 4 years and 240 days. In your case, the training period will not be considered for the calculation of gratuity.
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You have mentioned that you joined as a "Trainee." Was this training under the Apprentices Act? What was the nature of the training? What is the date of joining mentioned in your pay slip? Was there continuity of service from December 2011? During the training period, were you paid a stipend or salary? Were you covered under EPF during the training period?
In your appointment letter, is there any mention of the successful completion of a 1-year training period? When you raise questions about legal aspects, we have to review the available documents before coming to a conclusion.
From India, New Delhi
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In your appointment letter, is there any mention of the successful completion of a 1-year training period? When you raise questions about legal aspects, we have to review the available documents before coming to a conclusion.
From India, New Delhi
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Eligibility for Gratuity
Your date of joining (even though as a trainee) is December 2011, and the last date of work is April 17. Unless you were initially appointed under the Apprentices Act, your period of service will be considered from December 2011 till April 17, which comes to 5 years and 4 months. Since you have worked for 5 years, and in the 6th year, you have worked for only 4 months, for the purpose of calculation, a total of 5 years will be considered.
So, in my opinion, you will be entitled to gratuity for not completing 5 years of continuous service, provided that your initial period between 2011-12 as a trainee was not under the Apprentices Act.
From India, Kolkata
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Your date of joining (even though as a trainee) is December 2011, and the last date of work is April 17. Unless you were initially appointed under the Apprentices Act, your period of service will be considered from December 2011 till April 17, which comes to 5 years and 4 months. Since you have worked for 5 years, and in the 6th year, you have worked for only 4 months, for the purpose of calculation, a total of 5 years will be considered.
So, in my opinion, you will be entitled to gratuity for not completing 5 years of continuous service, provided that your initial period between 2011-12 as a trainee was not under the Apprentices Act.
From India, Kolkata
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1. If you were given a letter of Trainee by the company's HR, and PF/ESI/PT, etc., were being deducted from your salary every month, then you were not a trainee.
2. In the above situation, your training period will be considered for the purposes of gratuity.
3. You have payslips to prove the above.
From India, Thane
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2. In the above situation, your training period will be considered for the purposes of gratuity.
3. You have payslips to prove the above.
From India, Thane
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In India, the Payment of Gratuity Act, 1972 governs gratuity, and this applies to factories, mines, oil fields, plantations, ports, railways, motor transport undertakings, companies, shops, or other establishments for payment when an employee has worked for 5 years of continuous service in that company. Therefore, you need to first clarify whether you are under probation or confirmed. If you have been confirmed for 5 years only, then you are eligible for gratuity. For your reference, please check the link https://cdn2.stacowiki.in/media/file...tuityrules.pdf.
From India, Bengaluru
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From India, Bengaluru
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Dear All,
I was not under the Apprenticeship Act. I was given a stipend. During training, PF or ESI was not deducted. There was no gap between my training and Confirmation.
Thank you for your replies.
From India, Delhi
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I was not under the Apprenticeship Act. I was given a stipend. During training, PF or ESI was not deducted. There was no gap between my training and Confirmation.
Thank you for your replies.
From India, Delhi
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Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx
Less than 5 years service - Eligibility for payment of gratuity.pdf