Eligibility For Gratyity Payment

Whether he has accepted the relieving order issued by you dated 02.03.2009 and in that case from the "date of joining"(01.04.2004) to "date of relieving "(02.03.2009) he has completed 4 yrs and 11 months .That way he is not eligible to receive gratuity as per the act which reads minimum of 5 years continuous service.
Hope the clarification will suffice.
C.N.Jayaanandh
9840928274

hi...as per the my calculation it is - 4 yrs and 11 months..not 5 yrs.
and also the law says
- if its a non-seasonal establishment 1 year means - working for less than 6 days in a wk, he is deemed to have rendered continuous svc for 1 yr or 6 mths if he actually worked for atleast 190 days in last 12 mnths or 95 days in last 6 months..(deemed to be considered continuous service)
so if this condition is satisfied...he should get Gratuity

i think yes...if so..notice period is not an issue until u r working in that co, till last day u r an employee...so

Hi,
It has been clearly stated that one needs to compelete 5 years and one needs to bear in mind the 240 days clause.Further one needs to calculate with the latest drawn salary.
Regards
Karuuna
.
So please go through the HR manual or the appointment and do the needful as soon as possible

Thank you all very much for your quick reply. It is really helpful. However If you notice my original post, the question here is I am not resigning out of my own wish. I have completed 4 year 10 months and now the company is asking me to resign. In this case I am wondering If I can not refuse to resign will I get gratuity.
Thanks,
Pratibha

Dear All
As per the act the employee is eligible for gratuity if he/she has worked for 240 days in all the 5 years without any break in the service.

Mr Dhoop & R N Khola are correct. If an employee completes 4 years of service and worked for 240 days in the 5th year, he is eligible for gratuity in full.

Hi Abhay,
In my openion no the employee is not eligible for payment of gartuity as because he is not completing the five years of service. Notice pay for 1 month can't be a crietaria. Secondly he has not completed 240 days in his service during his 5th year.
sumit

Even if you have not completed five years, you can claim the gratuity benefits as company is laying you off. You can refer the Jan 2009 Labour Law Reporter in this regards.
Narinder Rathore

The concern person has not completed Actual 5 years of services.
Only in case of death this clause of completion of 5 years is not applicable. In that case he is entitle for pro rata gratuity.
In the given case the employee wants to serve complete 5 yrs but as per your letter you have immediately accepted the resignation.
This action may invite one month notice pay by employer.
In one of the judgement under this scenerio the employee is entitled for gratuity.
At present you may ignore the payment of gratuity but you must pay one month notice pay to strengthen your case.
himanshu