Gratuity Eligibility - DOC Download [Thread 360211]

i am working with a private bank since February 2007.now i got another offer from a different bank and they agree the notice period of 3months.so i will be joining there on january2012.ie, i will complete 4years and 11 months..my question is ,Am i eligible for gratuity,and if my previous company is not ready to pay me the gratuity,what can i do for the same?..please help me in this regards

You are eligible for gratuity as you have completed more than 4 years and 8 months.
In case the co. is not willing to pay you the gratuity amount, show them the judgement copy of Madras High Court which is readily accessible from this site only.
Thanks
Amitava Majumder

Dear Amitava,
There is small change for your kind post; please don't mind
Dear Rekhus,
If your location is different than Tamilnadu then the Madras Court is not binding for your " State " where you currently working; so advise you to please complete five years & then leave the job.

I suppose you will be working all through your notice period and will therefore complete 4 years and 11 months.
Under these circumstances, yes you are entitled to receive Gratuity.
Vasant Nair

Dear Rekhus 2002,
greetings for the day,
Yes you are eligible for payment of gratuity as because for payment 4 years + 240 working days should be consider which you have completed.
thanks & regards,
From,
Sumit Kumar saxena,

hi !
One of my colleague is also facing the same problem. She has completed 4 years 10 months in her last job, but the company is not willing to accept this clause and refusing to give her gratuity. Can someone post a proof, like gazette copy, etc. so that she can show the same as a proof to her last employer. Please help me so that I can support her, as she is financially very weak.
thanks in advance.
GRETTAPL

Dear all
I'm enclosing the Gratuity act.
Everyone can avail Gratuity benefits only if He/She completes the 5Years and more than only.
If anyone resigns within 5years, no one can avail it.
Regards
AJ

Dear All,
As per the Act individual is eligible for gratuity only after completion of 5 years of the service.

Hi,
Gratuity can be claimed if Payment of Gratuity Act 1972 is applicable then an employee can claim gratuity under the term of employment contract. However an employee can claim for Gratuity after completion of five years service if Payment of Gratuity Act is applicable.
According to your post that you have not completed five years service so you are not eligible for Gratuity payment.
Thanks,
Brijesh Kumar Vishwakarma.

Dear Rekhus 2002
You will be entitled to gratuity on completion of five continuous service .
in your case you will be completing 4 years 11 month . you will be
deemed to be continuous service of 5 years in terms of Section 2A of the Payment of Gratuity Act 1972
i hope it is clarified
in case of doubt please contact
RLDhingra, Advocate
Labour Law Consultant,Delhi
9818309937
e.mail: [Login to view]