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Anonymous
Does the probation period include the interpretation for a gratuity claim?

I spent five years with the organization, including a nine-month probationary period. PF and ESI were paid to me during my probationary period even though I was a trainee. Is there a gratuity I may receive?

How can I legally ask an organization that refuses to pay the gratuity amount?

From India, Bengaluru
vmlakshminarayanan
933

Hi,

Whether it is training/probation period for the purpose of Gratuity calculation your initial DOJ to be considered. So you are very much eligible for Gratuity.

At the time of separation ( resignation) you can submit Form I , which is the application of Gratuity resigned employee to submit to the Employer. In case if the employer refuse to pay Gratuity , you can file a complaint with the controlling authority under the Payment of Gratuity Act, 1972.

From India, Madras
loginmiraclelogistics
1066

Your appointment letter will say that you are appointed to your position w.e.f. the date when you actually report for duty. From there the clock start ticking. Probation period may vary from 6 months and even in some co's may have 2 yrs also. This period will also include 'training' period as well. If one's performance found to be 'not satisfactory' and extend the PP further few months. After completion also if found wanting will have the right to relieve the recruited employee irrespective of the period. But when the recruited successfully complete the PP then his services will be treated as 'confirmed', in some establishment other wise nothing may be communicated even and his 'appraisal' done, increments are granted. Probation is also part of regular service and almost all are paid full emoluments duly communicated in the apptt.letter. So need no worry friend. But for eligibility to receive gratuity you have to wait "completion of 5 yrs continuous service"
From India, Bangalore
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