Gratuity - Previous Company [Thread 233063]

Dear All,
I have an querry to above post and replys...
His PF was deducted for lat one year. May be he was not in the company payroll. Than if so, is he eligible to get his Gratuity...
Is gratuity payable to the temporary staff working.
Regards
Debajyoti

Hi All,
I think employee has to submit nomination forms for gratuity after his 1 yrs completion. And I also feel there is a connection between employee pf and 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 organisation.

First of all you Know one think If you are working under Probation or trainee is not possible. After Confirmation Your service maximum 5 years and above...

Dear Jatinder,
As per the latest judgements, if an employee has completed his 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 its legal that company needs to pay you the same and it would be a part of your full and final settlement, if they dont just remind them you have completed more than 5 years hence its your right.
Deepak would advise you to attach the notification / Ruling. Verbal things on legal matters are not advisable. Kannoon Sabooot mangata hai... So pls do the needful...

Dear All,
Definitely there is no linkage between PF and Gratuity...
But, for the claim of gratuity,the Date of Join is very much important.....
So in that case, the employ have to provide the letter of appoinment and the confirmation letter....
As per my understanding from the posting the employee ( Mr Sachin Mali) was confirm only one year back .....thn he was not be eligible.
or if the company interduce PF one year back and he had the documents proving of DOJ, thn he will definitly get the Gratuity....
Kindly correct me if I am wrong.
Regds
Debajyoti

Dear Sir,
Thanks for your reply, our Co. is in rural area & may be not covered under the P G act (i think so) ..... but as per govt. rules every co. has to covered under this act. I've sufficient proof i.e. certificate for obtaining loan etc.
plz advice.

Dear
When you know that as per Govt. Rules every company has to covered under this Act & you have also sufficient proof of employment then file a claim case before the Controlling Authority under the Payment of Gratuity Act of your area concerned if the company is denying your claim for payment of gratuity.
With Regards,
R.N.Khola