Gratuity Claim [Thread 156712]

Hi, Please let me know whether an employee can claim gratuity if the employer asks to resign. The work period of the employee is of less than 3 years. Regards, Shalini Mayank

Hi Shalini, Yes, If the employer terminate any employee from their side, So, Employer has to pay the gratuity.. Regards,

Hi Tushar, Can you please let me know about the law for the same or any clause? This is for my friend as she wants to claim it. Regards, Shalini Mayank

Dear Employer can not legally asked an employe to tender resign. You donot give resign.You can not claim gratuity on this period of service. If the employer terminates your service in a justified or unjustified manner, even then if have not comleted five years of service then you are not entitled to any gratuity amount from the emplyer. You can only bargain/ request for this point to your employer. Opinion submitted as requested. Regards, R.N.Khola (Labour Law & Legal Consultants)

Dear Mr. Khola, I think as per my knowledge, If any employer terminated to any employee on the basis of exepteble reason, So, employer has to pay him/her gratuity of whatever he/she has worked, even he/she has not completed the 5yrs service. due to termination he/she can not complete her/his service & He / she is not want to resign, but, company don't want to continue with him/her This is my opinion, just let me know, if i am wrong. Regards,

Dear Tushar Swar, You can not be stated to be correct. Plz go through the P G Act,1972 & try to found out the provision. Regards, R.N.Khola (Labour Law & Legal Consultants)

Dear Mr. Kola, Just wanted to cross check if I am eligible to claim gratuity as one of friend who is HR Manager told me that I can claim-
My Joined a company on 03-May-2003 and my last day was 18-Feb-2008. My friend told me that there is some provision that if employee has completed 4 yrs & some days then s/he is eligible to claim.
Could you pls guide me on the same please?
Thanks & regards,
Hitesh

Dear All

One of the condition precedent for entitlement to gratuity under the Payment of Gratuity Act is the completion of five years of continuous service. This condition is relaxed only if the termination of the services of the employee is due to death or disablement. Resignation before completing five years of continuous service does not make an employee entitled to get gratuity under the Payment of Gratuity Act. Regarding the issue as to whether an employee who has completed 4 years and some days is entitiled to get gratuity under the PG Act, the Madras High Court has held that an employee to whom the PG Act is applicable and who had completed four years and 240 days in the fifth year of his service is entitled to get gratuity under the PG Act as completion of 240 days of service is reckoned as having completed one year of continuous service. This judgment of the Madras High Court is binding on the Authorities under the Payment of Gratuity Act in Tamilnadu and not on Authorities under the Payment of Gratuity Act in other States, unless the High Courts of those States also have given a decision to this effect. However, the decision of the Madras High Court can be cited before the Authorities in other States also and they may be persuaded to follow that judgment. I am not aware of any judgment on this point by the Honourable Supreme Court

With regards

Dear Hitesh,
I am also of the same opinion as provided by Mr. V. Harikrishanan.
R.N.KHOLA

(Labour Law Consultants)