Gratuity Eligibility After 13 Years at a Private Polytechnic: How Can I Claim It?

I worked in a private polytechnic for 13 years and resigned from my job. Now, I am working in another college. Am I eligible to claim gratuity? If possible, please send me the way to approach it. Help me.

Yes, as per the rule, the minimum service period required is 4 years and 8 months (i.e., 4 years & 240 days). As your number of years of complete service is 13 years, you are eligible to receive your gratuity for the complete 13 years based on the formula below: Last Basic Salary drawn per month * 15/26 * Number of years of complete service. Kindly approach your previous company for your gratuity settlement.

Regards,
Swapna

I came to know that I am eligible for gratuity from the last message I posted. Now, I would like to know where and how to claim the gratuity. Thank you.

There is no rule which states that 4 years and 8 months will entitle you to Gratuity. The Act provides for 5 years to be eligible for Gratuity. Kindly provide me with the legal provisions in this regard. As for the case of Mr. Sarveshwar, it is felt that as per the amendment, teachers at the primary, secondary, and college levels of unaided institutions are eligible for gratuity, with retrospective effect from April 3, 1997. The unaided schools/colleges/institutions should have arranged for compulsory insurance from LIC, or a policy from LIC to bear the payments, or the employers should pay from their own resources.

The schools under the control of local bodies were covered under the Act with effect from January 8, 1982. The employees of the Government schools are already entitled to gratuity under the extant rules of the Government governing gratuity and pension, but the employees of the private schools had no legal entitlement to gratuity. As gratuity is an old age retiral social security benefit, it was considered desirable to extend the benefit of the Payment of Gratuity Act, 1972, to all employees employed in all educational institutions having ten or more persons. Accordingly, the Central Government extended the provisions of the Payment of Gratuity Act, 1972, to educational institutions employing 10 or more persons via the Ministry of Labour and Employment Notification No. S.O. 1080 dated April 3, 1997. The Notification came into force with effect from April 19, 1997, the date when it was published in the Gazette of India. The definition of “employee” under section 2 (e) of the Payment of Gratuity Act, 1972, was modified, and the Government has made the amendment with retrospective effect from April 3, 1997.

Trust the above clarifies the matter.

Regards,
Praful M Lale
Labour Law Consultant
[Phone Number Removed For Privacy Reasons]

I have a similar query on gratuity. I have been in continuous employment with my employer for a period of 9.5 months. I joined on August 25, 2005, and my last day of service was January 31, 2015.

Gratuity Calculation Query

For the purpose of the calculation of gratuity, they state that it shall be paid only for 9 years and not for the balance 5 months as gratuity is payable for any year only if 6 months or more service in that year is completed. Would I have to lose my 5 months of service gratuity because I am 20 days short of completing six months for that year? Does the continuous service not count? Could I get some help on this?

Thanks & Regards

Procedure to Claim Gratuity When Employer is Unwilling to Pay

What is the procedure to claim or receive gratuity if the employer (proprietor) is not willing to pay, taking a plea that the company is not registered under the Gratuity Act? Who is the competent authority to approach?

Gratuity Act Registration and Enforcement

There is no such thing as the registration of an establishment as per the Gratuity Act of 1972.

I believe that Section 4A of the Payment of Gratuity Act, which provides for insurance coverage of liability to pay gratuity, has not been enforced. If it has been enforced, kindly provide the relevant Government Order.

If an employer is denying gratuity, please approach the Controlling Authority under the Act.

Regards,
Varghese Mathew

I received the PF amount through my employer. Is it possible for me to now claim gratuity for my 13 years of experience in the polytechnic college?

I resigned from my job in January 2016 and closed my PF account by withdrawing the funds. Is there a chance for me to claim my gratuity now?

Currently, I am working in another organization from February 2016 until now, with a new PF account. Could you please confirm the procedure to follow if I am eligible?