On this forum, most of the literate HR people will give an answer in your favour. But your illiterate HR people are saying very correct. To you 5 years completed service is require if you do not fall under the jurisdiction of Madras HC and Kerala HC.
Sorry to answer you in your language.
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Professional courtesy demands that wordings like "Illiterate HR" be eschewed in a forum like this dedicated to improving HR knowledge and practises.
Law say 5 years continuous service with 240 days working in last year of service.
People are relying on one Madras court judgement to assume that even if you have lesser than 5 years service you automatically get gratuity.
In my opinion you are not entitled for gratuity.
Whoever despite knowing the rules or being ignorant harasses an employee is deemed to be called illitrate. Kindly buy a dictionary to understand the meaning of illustrate.
Secondly, kindly do not shit on threads if you do not have complete information and misguide. There is a supreme court judgement in this regards. So don't restrict to Madras High court.
I hope you understand it in your language.
When our learned member Nathrao expressly said that professional courtesy demands that wordings like "Illiterate HR" be eschewed in a forum like this dedicated to improving HR knowledge and practises, I need not to go for buying a dictionary to understand the meaning of word you express or expressed.
With due respect to you Sir, I would advise you to kindly read and interpret the Supreme Court Judgement. You can even read my comments on the said judgement of Supreme Court in my various posts. I do not wish to repeat it here once again.
Now question is on misguiding. Corporates have paid me charges for giving legal opinion on this issue of Gratuity. I am here on this forum with more than 2400 posts responding the queries of members honorary like others just because sharing of knowledge and in turn gainning too from people like you.
I have given 64 lectures up till now on various Labour Laws to various Corporates and HR professionals across the industry, apart from lecturing in College. However, no one told me that I misguided anytime.
I always appreciate that one can have different view or different perception to any issue. But it should be supported with appropriate justification.
You are free to stand on your own view / perception and get your due right from court of Law.
Advocate High Court Mumbai
I have gone through multiple forums and each one has unanimously said that if a person has severe 240 days in fourth year he is eligible for gratuity. Haven't found any of your post on same.
Also the word illitrate HR was not used for HR community but for 4-5 HR officials working in my corporation who are actually illitrate and just luckily got promoted from steno level. Hope that clarifies
There are conflicting opinions about 240 days service in last year.
Issue is still different.
This being a Public forum and a professional forum, your words -illiterate HR and kindly do not shit on threads if you do not have complete information and misguide are highly inappropriate and courtesy demands that such words are not used.
I leave it to your good sense now.
I would be highly oblige if you could share the link of your threads about Supreme Court Judgement interpretation on Gratuity & your comments on the said judgement of Supreme Court in your various posts.
As i need for my academic interest.
With due respect to you as well other members, I do not wish to discuss more on this topic.
There are different views on this topic and I have expressed my views with appropriate supports many times on this forum.
I am giving only one link to you as under to make your stand on the subject matter:
The learned HR members in this forum have expressed and shared their knowledge law and interpretation on the eligibility to gratuity.
The Apex court judgement may strengthen your case if you fight out in the court of law. But since the service eligibility of five years has not been amended yet in the Gratuity Act, the same will apply and on that basis refusal by your HR to pay you gratuity is not wrong.
You seem to be taking out your anger of refusal of gratuity by your HR on members of this respectable forum unnecessarily and have used ungentlemanly language which you should not have.
You should express your apology and if you don't , stop seeking free advice.