Can I Claim Gratuity After 9 Years of Service with Limited PF Deductions?

Dear,

I had completed 9 years in my previous company. Now, I am resigning from that company for the last 2 months. In my previous company, my PF was deducted for only 1 year, i.e., from 2009 out of 9 years of service. Can I claim for gratuity? Please advise me.

Sachin Mali
+91 9552212999

Yes, you can claim gratuity for 9 years of continuous service. The below mentioned formula will apply: Gratuity = Basic * 15 * No. of years served (9 in your case) / 26.

Yes, you can claim gratuity for 9 years of continuous service.

The below-mentioned formula will apply:

Gratuity = Basic * 15 * No. of years served (9 in your case) / 26

Yes, gratuity is paid to an employee who has completed 5 years of continuous service with the employer. Hence, you are eligible to get gratuity.

Dear Sachin,

If your company is covered under the Payment of Gratuity Act, 1972, and you have sufficient proof regarding your continuous work with this company as per Section 2A of this Act, then you should claim gratuity from your employer.

With Regards,
R.N. Khola

Kindly advise if an employee who has completed 4.5 years of continuous service can receive gratuity from the company or not.

Regards,
Jatinder Pahwa

Dear Sachin,

There is no connection between PF and Gratuity. You have completed your 9 years of service; you can claim.

Regards,
PKS

Dear Jatinder,

That employee has to complete 4.8 months of service; only then will they be entitled to gratuity.

Dear,

You are very much eligible for the gratuity. As per the Gratuity Act, individuals who will complete 5 years of continuous service in one company are all eligible for the gratuity benefit.

Dear Sunil,

Eligibility for Gratuity: An employee who continuously deducts his PF from the first month of joining the organization, and who has completed 4 years and 240 working days of minimum service, is eligible for Gratuity.

Gratuity Calculation: Employee's last drawn Gross Salary
_____________________________ X 15 = per month gratuity amount.
26

BS

Dear All,

I have a query regarding the above post and replies. His PF was deducted for the last one year. Maybe he was not on the company payroll. If so, is he eligible to get his Gratuity? Is gratuity payable to temporary staff working?

Regards,
Debajyoti

Hi all,

I think an employee has to submit nomination forms for gratuity after completing 1 year. Additionally, I believe there is a connection between an employee's PF and the payment of gratuity. Please educate me if I am wrong!

Thank you,
Vishwanath

No, because as per the law, an employee becomes eligible to get paid for gratuity only once he/she completes 5 years of continuous service in an organization.

First of all, you should know one thing: if you are working under probation or as a trainee, it is not possible. After confirmation, your service can extend up to a maximum of 5 years or more.

Dear Jatinder,

As per the latest judgments, if an employee has completed 4 years and 240 days of service in the company, he/she can claim gratuity.

Thanks and Regards,
Deepak Sabharwal

Sachin, you have every right to claim gratuity from the company. Under which Act is your company registered? Though it's legal that the company needs to pay you the same and it would be a part of your full and final settlement, if they don't, just remind them you have completed more than 5 years, hence it's your right.

Deepak would advise you to attach the notification/Ruling. Verbal things on legal matters are not advisable. "Kanoon saboot mangata hai..." So please do the needful.

Dear All,

There is definitely no linkage between PF and Gratuity. However, for the claim of gratuity, the Date of Joining is very important. In that case, the employee has to provide the letter of appointment and the confirmation letter.

Based on my understanding from the post, the employee (Mr. Sachin Mali) was confirmed only a year ago, so he may not be eligible. If the company introduced PF a year ago and he has documents proving his Date of Joining, then he will definitely be eligible for Gratuity.

Please correct me if I am wrong.

Regards,
Debajyoti

Dear Sir,

Thanks for your reply. Our company is in a rural area and may not be covered under the Payment of Gratuity Act (I think so). However, as per government rules, every company has to be covered under this act. I have sufficient proof, i.e., certificates for obtaining loans, etc. Please advice.

Dear,

When you know that as per Government Rules, every company has to be covered under this Act, and you have sufficient proof of employment, then file a claim case before the Controlling Authority under the Payment of Gratuity Act of your concerned area if the company is denying your claim for payment of gratuity.

With Regards,
R.N.Khola