Umakanthan53
Labour Law & Hr Consultant
Rahul Chhabra
Hr Professional
Vmlakshminarayanan
Sr.manager - Hr&admin

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I was joined on 20th June 2014. My management asked me to resign on 14th January 2019 with two month notice period. Now my question is whether I am eligible for the gratuity or not. Please respond asap.
From India, Belgaum
Dear Raja,
You are not eligible for gratuity as gratuity requires a continuous service of 5 years. However as your management has asked you to resign, I suggest you negotiate a notice pay along with the 2 months they have given you.
Regards
Rahul

From India, Delhi
To me the question seems to be not clear in so far as the effective date of the proposed resignation is concerned since it seems to be a forced resignation. Whether the questioner is asked to submit his resignation on 14-01-2019 with two month's notice period so that his right to gratuity would stand unaffected OR should resign on 14-01-2019 before which his notice period should also fall so as to deprive the questioner of his eligibility for gratuity under the PG Act,1972?
From India, Salem
Anonymous
Yes, in my opinion and as per various case laws you are eligible for gratuity as you have completed 4 years and more than 6 months of eligible service .
From India, Kolkata
Dear Rahulbhardwaj,
As per your post i understand that you were supposed to Resign in 14th January and should serve 2 months notice period after that mean you will be revealed on 14th of March.
If my understanding is correct then Yes, you are eligible to get Gratuity. It is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service.
Regards,
Vidhya
Executive HR
Bengaluru

From India, Bengaluru
Dear All,
I worked with MNC based Healthcare IT industry (KPO - Hyderabad)) company for 8 years and relived on 31st of March'19 till now i have not received my Gratuity (My last Basic is 17,800) and I got my reliving letter for this period. HR said we will credit your gratuity amount in your account directly after a month but its not happened. Now two months over, no response with emails or calls as well messages from HR. So, I thought they are trying to refusing my gratuity. Coming to PF I have done my EKYC (UAN) no issues with PF. Finally I decided go through the legally. Please help me out how to file the case against employer.
My query is just give me any hint to take any necessary action for the same.
Regards,
Pratap Reddy

From India, Hyderabad
Hi
At the time of relieving have you made a request in writing to your employer?
Whether yes or no again please send a request letter. Employer has to settle gratuity within 30 days from the date of relieving. However some companies take time to settle. In case of no response from the employer call your HR and find out. As a last measure you can file the case with Assistant Commissioner of Labour of your jurisdiction. This is as per the Act

From India, Madras
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