Gratuity - Pdf Download - Notice Period

My date of joining was 06.05.06. After notice period of 1 month I left the job on 30.04.11.
After joining they started deducting my PF after 1 year. Nothing about PF / Gratuity is mentioned in my appointment letter.
Today i recd. call from HR that you have completed only 4 years so u will not get Gratuity.
Can anyone help in this case ??
For gratuity date of joining is important or P.F deduction ? or Gratuity and PF Interlinked with each other ?

Dear all colleagues,
Please guide me if any employee resigned and eligible for gratuity payment as per gratuity act and not willing to sign the application for gratuity payment due to his personal resons (occupation of company quarters) can the employers can process his gratuity without his signature and settle his full and final accounts.
PB Badri Vishal

Dear Sudhir,
With a successful completion of consecutive five years minimum service in an organization which should be registered would add you to acquire Gratuity Fund. Gratuity may start from Date of Joining or after probation.PF deductions depends on the company norms. PF and Gratuity is not interlinked.
With wishes
Dsp aparna

1) It is very much clear that you have competed five years (4 years 11 months 26 days) in your company.

2) Only, PF is deducted from the employee’s salary, gratuity is the loyalty bonus given to the employee for the services rendered. There is no contribution in terms on money done by the employee.

3) Yes, Date of joining is very important for the payment of gratuity; there is no connection between Gratuity and PF. And in no case your employer can retain your gratuity, if your organization is covered under the gratuity act 1972. Still, if the amount of gratuity payable under this Act is not paid by the employer, within the prescribed time, to the person entitled thereto, the controlling authority shall, on an application made to it in this behalf by the aggrieved person, issue a certificate for that amount to the Collector, who shall recover the same, together with compound interest thereon at such rate as the Central Government may, by notification, specify, from the date of expiry of the prescribed time, as arrears of land revenue and pay the same to the person entitled thereto.

Dear
basically PF should be deducted from the day one as gratuity is also applicable from date of joining.
However Pf is not linked with gratuity and vice versa.It is appointment letter who clearly states date of joining and gratuity is counted from date of joining.But in your case if we will take your DOJ 30-04-11 than also you are not eligible as you have not completed 5 years.

Dear Sudhir,
Greetings for the day,
First of all tell us is appointment letter is provided to you by the company.If yes go through it and tell us what is the date of appointment.If what you mentioned is correct then it seems that the total service lenght was 4 years 11 months. For eligiblity for the payment of gratuity completion of 5 years of sevice is must and each year the working days consideration for the payment must be 240 days. The period of 5 years must be in continuity not break.
thanks & regards,
From,
Sumit Kumar Saxena,
9899669071, 0120-4131277

Dear Sudhir
Firstly u should proper evidence of Date joined like Appointment letter
P.f.is not inter linked with Gratuaty
if have completed 4 years 11 months 26 days in organisation then u r eligible for gratuaty uner the act if have 04 years & 240 days in last year then u r eligible
Best of luck
Rgds
Bunti

Dear Sudhir,
Your HR is right. you have not completed 5 yrs in ur organisation. It is the Govt Govt of India rule and you can not go against it.
Thanks
Sanjay

The qualifying criterion for Gratuity enetitlement is from the date of joining the organization.
In your case you appear to be just short of 5 years. But then if you have worked continuously for 240 days in the 5th year, you are surely entitled to receive payment of Gratuity.
Please ask the HR of your last organization how have they arrived at the conclusion that you have worked only for 4 years.
Best Wishes,
Vasant Nair

Dear,
Bunty and Vasant Nair are correct.
Due to cost cutting, HRs are indulging themselves in bad HR practice.