Sr. Hr Executive
Principal Hr Consultant
Head - Outsourcing
Pan Singh Dangwal
Srinath Sai Ram
Labour Law Advocate
Labour Law Index
Under Section 4 of the payment Gratuity Act 1972 gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than 5 years.
Termination of employment may result from
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 he will be entitled to gratuity for the entire period and not only up to his superannuation.
Read This Payment of Gratuity Act, Rules, Forms, Returns & All Other Information
From India, Kolkata
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
In your Appointment letter is there any mention about successful completion of 1 year training Period.When you raise questions about legal aspects, we have to peruse the available documents before coming to conclusion
From India, New Delhi
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 trainee was not under the Apprentices Act.
From India, Kolkata
2. In the above situation your training period will be considered for the purposes of gratuity.
3. You have pay slips to prove the above.
From India, Thane
In India, the Payment of Gratuity Act, 1972 is the act that 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. Hence, for the same you need to first clear out whether you are under probation or confirmed. And if you have been confirmed since 5 years only then are you eligible for gratuity. For your reference, check the link https://cdn2.stacowiki.in/media/file...tuityrules.pdf.
From India, Bengaluru