Hi all, I am working in a steel detailing company. When I joined the company in November 2014, more than 20 people were working but not registered. Later, in 2017, the company was registered, and I resigned in September 2020. I rejoined the same company within 2 months in December 2020 and have continued until now. So, I have 10+ years of service with a 2-month service break. Can I get a gratuity? If yes, how many years will be calculated for gratuity?
Note: while resigning I have 6 year service period and company does given any gratuity.
From India, Bengaluru
Note: while resigning I have 6 year service period and company does given any gratuity.
From India, Bengaluru
Yes, you are qualified for a gratuity because you have worked continuously for more than five years, including the time before the two-month hiatus, as long as the break falls within the guidelines for gratuities. The whole eligible service time, omitting any notable pauses, is used to compute gratuity.
In your instance, your service from December 2020 to the present and from November 2014 to September 2020 (6 years) will be combined. This equates to more than ten years of service, which will be taken into account when calculating gratuities. It's best to have a conversation with your employer to make sure your tenure is properly acknowledged and to get clarification on the gratuity payment procedure.
From India, Kolkata
6In your instance, your service from December 2020 to the present and from November 2014 to September 2020 (6 years) will be combined. This equates to more than ten years of service, which will be taken into account when calculating gratuities. It's best to have a conversation with your employer to make sure your tenure is properly acknowledged and to get clarification on the gratuity payment procedure.
From India, Kolkata
You have to clarify one aspect - from 2014 to Sept. 2020, is it continuous service ? If yes no worry gratuity is applicable for having completed 5 yrs service. (Better file your claim with your employer as per the act and see what happens, but you said you are still working there and hence payment of gratuity will not arise now).. The Co., whether regd. or otherwise will not alter the eligibility criteria. Also go thru' the discussion on similar grounds in this link for more clarity -
https://ftp.citehr.com/showthread.php?p=2493648
Pl.go thru' the attached Judgment of Madras HC on delay in filing the application which I hope will throw some light on this issue.
From India, Bangalore
https://ftp.citehr.com/showthread.php?p=2493648
Pl.go thru' the attached Judgment of Madras HC on delay in filing the application which I hope will throw some light on this issue.
From India, Bangalore
You are eligible for gratuity for your service from Nov '14 to Sept '20. But not eligible for the second spell as you have resigned and management might have relieved you from service.
Varghese Mathew
Tvm.9961266966
From India, Thiruvananthapuram
Varghese Mathew
Tvm.9961266966
From India, Thiruvananthapuram
Dear Friend
You were working in a company having twenty employees on roll during the year 2014.And you joined the company in November 2014.
You resigned from the service in September 2020.
Further, you rejoined the same company after 2 months ie., in December 2020 and have neen continued till now.
The line is not understood
1. "But not registered" as what?
2. The company was registered in 2017.
The Payment of Gratuity Act, says;; IThe Payment of Gratuity Act, 1972 applies to the following establishments in India:
Factories
Mines
Oil fields
Plantations
Ports
Railways
Motor transport undertakings
Companies
Shops and other establishments that employ 10 or more people.
Therefore, your eligible for gratuity for the period from Nov 2014 to September 2020. But you will not be eligible for gratuity for second spell service period from Dec 2020 till Nov 2014 as not completed five years service.
In my suggestion you can file a case before the District Labour Officer for claim of gratuity 2014-2020. But the claim may not stand for delay ed
From India, Mumbai
You were working in a company having twenty employees on roll during the year 2014.And you joined the company in November 2014.
You resigned from the service in September 2020.
Further, you rejoined the same company after 2 months ie., in December 2020 and have neen continued till now.
The line is not understood
1. "But not registered" as what?
2. The company was registered in 2017.
The Payment of Gratuity Act, says;; IThe Payment of Gratuity Act, 1972 applies to the following establishments in India:
Factories
Mines
Oil fields
Plantations
Ports
Railways
Motor transport undertakings
Companies
Shops and other establishments that employ 10 or more people.
Therefore, your eligible for gratuity for the period from Nov 2014 to September 2020. But you will not be eligible for gratuity for second spell service period from Dec 2020 till Nov 2014 as not completed five years service.
In my suggestion you can file a case before the District Labour Officer for claim of gratuity 2014-2020. But the claim may not stand for delay ed
From India, Mumbai
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Weightage of 2 years in pensionable service 8.5.2017.pdf