I worked in a medium size Pvt. Ltd. Company for 6 years. At the time of joining they did not offer me EPF option as my salary was more than 25k then. I used to get Salary slip every month and Form 16 every year from the company. Am I eligible to claim the gratuity? If yes, what should I do?
From India, Mumbai
Hi Tejasvi,
Having (if you have) completed (continuous) service of 5 yrs. with this present employer, you'll eligible for gratuity if you are covered under the Gratuity Act. Eligibility to gratuity has nothing to do with EPF which has to be contributed by both employer & employee whereas 'gratuity' is contributed @ 15 days salary for every year of completed service. But gratuity is payable (though qualify for/eligible), only at the time of separation from the present employer either on resignation or termination or otherwise.
You have nothing to do except filing your nomination paper in the prescribed manner as follows:
Rule 6(1) of the Payment of Gratuity (Central) Rules,1972 prescribes Form F as the format of initial nomination to be submitted by an employee to his employer in duplicate.
"90 days" refers to the maximum time limit for its submission by an employee already in employment for a year or more on the date of commencement of the Rules.
" 30 days " refers to the time limit of submission by an employee who completes one year of service in the establishment from the date of its completion.
Rule 6(3) provides for modification of the nomination already submitted by means of a fresh nomination by the employee. In case of acquiring family after earlier nomination or the nominee happens to die before the employee as provided for u/sr (4), it shall be 90 days from such incident.

From India, Bangalore

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