Dear All, Please confirm if any employee will resign after completed his 4 years & 8 month can he eligible for this benefit.
From India, Haridwar
Dear Deepak,
Please confirm, which benefits are you talking about. Is it for Gratuity ? If yes, then any employee completing 4 years and 240 days in the organisation is entitled for gratuity. If anything else then please let us know accordingly.

Dear Sir, Yes, i am talking about Gratuity . If company refuse to give this benefit to employee then what will the next think he do
From India, Haridwar
1.As per Section 7 (Application for gratuity)-
An employee who is eligible for payment of gratuity under the Act, or any person authorized, in writing, to act on his behalf, shall apply, ordinarily within thirty (30) days from the date the gratuity became payable, in Form 'I' to the employer.
Where the date of superannuation or retirement of an employee is known, the employee may apply to the employer before thirty days of the date of superannuation or retirement.
2.As per Section 8 (Notice for payment of gratuity)-
-Within fifteen days of the receipt of an application under rule 7 for payment of gratuity, the employer shall-
(i) if the claim is found admissible on verification, issue a notice in Form 'Lí to the applicant employee specifying the amount of gratuity payable and fixing a date, not being later than the thirtieth day after the date of receipt of the application, for payment thereof, or
(ii) if the claim for gratuity is not found admissible, issue a notice in Form 'M' to the applicant employee specifying the reasons why the claim for gratuity is not considered admissible. In either case a copy of the notice shall be endorsed to the controlling authority.
3.As per Section 10 (Application to controlling authority for direction)
(1) If an employer-
(i) refuses to accept a nomination or to entertain an application sought to be filed under section 7, or
(ii) issues a notice under section 8 either specifying an amount of gratuity which is considered by the applicant less than what is payable or rejecting eligibility to payment of gratuity, or
(iii) having received an application under section 7 fails to issue any notice as required under section 8 within the time specified therein,
The claimant employee within ninety days of the occurrence of the cause for the application, apply in Form 'N' to the controlling authority for issuing a direction .
The controlling authority may accept any application on sufficient cause being shown by the applicant, after the expiry of the specified period.
-Application and other documents relevant to such an application shall be presented in person to the controlling authority or shall be sent by registered post acknowledgement due.

From India, Delhi
Dear Mr.Deepak Jain,
Please go through the case law and verdict of Madras High Court in the case of Mettur Berdsteel Ltd its Personnel Manager Vs Regional Commission of Labour in 1986 for eligibility of Gratuity after completion of 4 yrs 8 months service.

From India, Chennai

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