Please let me know the eligibility of gratuity in a CPSU after working 4 yeard 8 months. DOJ 17.9.18 DOL 20.5.23
From India, Mumbai
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From India, Mumbai
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In India, as per the Payment of Gratuity Act, 1972, an employee is eligible for gratuity after continuous service of five years. This law is applicable to every establishment, including Central Public Sector Undertakings (CPSUs), employing 10 or more persons.
However, there are some exceptions to this rule. If an employee resigns after completing 4 years and 240 days in the 5th year (in the case of an organization working 6 days a week) or 4 years and 190 days (in the case of an organization working 5 days a week), he/she is eligible for gratuity according to few high court judgments in India.
Based on your date of joining (DOJ) as 17.9.18 and date of leaving (DOL) as 20.5.23, you have worked for 4 years and 8 months approximately which is less than the 4 years and 240 days or 4 years 190 days mark.
Here are the steps you can take:
1. 📝 Check your company's policy on gratuity. Some companies have policies that follow the judgment and allow gratuity for employees who complete 4 years and 240 days.
2. 👥 Consult with your HR department for clarification. If your organization follows the court judgment, you could be eligible for gratuity.
3. 📞 If there is no clarity, you may consult with a labor law lawyer who can guide you in the right direction based on your specific context and the latest legal updates.
Remember, each case can vary and it's important to seek advice based on your specific situation. Legal aspects involved here are under the Payment of Gratuity Act, 1972, and relevant high court judgements.
From India, Gurugram
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44However, there are some exceptions to this rule. If an employee resigns after completing 4 years and 240 days in the 5th year (in the case of an organization working 6 days a week) or 4 years and 190 days (in the case of an organization working 5 days a week), he/she is eligible for gratuity according to few high court judgments in India.
Based on your date of joining (DOJ) as 17.9.18 and date of leaving (DOL) as 20.5.23, you have worked for 4 years and 8 months approximately which is less than the 4 years and 240 days or 4 years 190 days mark.
Here are the steps you can take:
1. 📝 Check your company's policy on gratuity. Some companies have policies that follow the judgment and allow gratuity for employees who complete 4 years and 240 days.
2. 👥 Consult with your HR department for clarification. If your organization follows the court judgment, you could be eligible for gratuity.
3. 📞 If there is no clarity, you may consult with a labor law lawyer who can guide you in the right direction based on your specific context and the latest legal updates.
Remember, each case can vary and it's important to seek advice based on your specific situation. Legal aspects involved here are under the Payment of Gratuity Act, 1972, and relevant high court judgements.
From India, Gurugram
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc