Eligibility For Gratuity - PDF Download - Eligibilty For Gratuity [Thread 320380]

Dear All,
Is it mandatory for an employer to pay Gratuity though an employee has not completed his 5 years of service.
We have a case where an employee worked for 4 years and 10 months.
Pl guide.

Dear amit
eligibility for graduity when an employee complete the five year but worked in every year 240 days and above, in your case if said employee worked more than 240 days in last year than he is eligible for graduaity payments

If he completed the elgibility than mandatory to pay
and if not complted 240 days in last year ater worked for 10 month than also depend on reason of leaving the job resignation and termination

Mr. Ashok Jangra
Thanx for the information sharing with us.
Request you to clarify the following.
Days in year

Mr. Ashok Jangra
Thanx for the information sharing with us.
Request you to clarify the following.
365 Days in year
104 Sat & Sun (Weekly off)
----
261
37 Holiday + CL + SL + PL
----
224 Actual working days
Gratuity payable in above case, if employee worked for 4 years and 10 months.
Please revert.
Ashok More

Dear Mr. Amit,
As per the judgement of Mettur Beardsell Ltd., Madras V/s Regional Labour Commissioner(Central), Madras & Others, if the employee has worked for 240 days in the 5th year, he will be entitled for Gratuity.
Regards,
Anil Fernandes

I am working since last 6 years, our pf coverage dt april 2005 what is the liabilites generate of gratuity. How to do it

please inform the basic and da fixed by the management on the date of last working day. koparde

please note that to get benefit under the payment of gr. you should complete 5 years of continues service. koparde

SUBJECT :eligibility for Gratuity
Hi Amit
please refer the ruling mentioned herein for your query
The Madras High Court has held that an employee rendering contnuous service for a period of 240 days in year , i.e. in the fifth year will be deemed to havve continued in service for one year as stipulated by Sec.2A of the Act and is thus entitled for Gratuity 1998 LLR 1072 (MAD HC) in Mettur Beardsell Ltd v/s Regional Labour Commissioner , Controlling Authority under POG Act 1972,.
for any further information please do not hesiate to contact
thanks and regrds
RL Dhingra, Advocate
Labour Law Consultant
Mob.09818309937
email rld_498@ rediffmail.com