Gratuity In Notice Period...

kailashinbox
Dear Sir/Madam,
I have joined in an NGO project on 07th June' 2010. My first PF amount was paid on Oct'10. Now I would like to resign my job by 10th June 2015, for that I should issue the notice 30 day earlier (10th May 2015). If the management accept my resignation. Please tell me that whether I was eligible for GRATUITY benefits (Please consider our organisation keep the gratuity eligibility as 5 YEARS).
My question is simple, Whether I was eligible for gratuity benefit, if I complete the eligible years on NOTICE PERIOD (4Years & 11 Months - normal working and the Final 1 Month - in notice Period). Please answer this question as soon as possible, because I have to decide and plan for several thoughts.
nathrao
Notice period will be included in 5 years service period.
However you may take other members views also.
mkandukuri
Dear Kailash,
You are eligible for gratuity payment. You would complete 5 years and your last work day will be 10th June as mentioned. Your claim for gratuity is legal.
Regards,
Murali
umakanthan53
The question of payment of gratuity arises only on the exact date of actual termination of employment. So, the service rendered during the notice period will have to be included in the qualifying service for gratuity.
gaurir
You are surely eligible of gratuity. It is about total duration of work .
asbhat
what if he resigns on the 10th of may as planned by him and the management relieves him in a say couple of days? will he still be eligible for gratuity..?
nathrao
The person is giving notice from his side as per offer letter.
He is giving the mandatory period saying that he will be resigning/leaving the job from 10 Jun.The company cannot say we accept the resignation with immediate effect just to save on gratuity.
Payment of Gratuity act is a welfare legislation and smart tricks to evade responsibility of paying gratuity will not be accepted by controlling authorities.
asbhat
Thank you Mr. Nathrao. But look at it from the employer's perspective. He knows that the employee has lost interest in working in his organisation. Under the circumstances, it is in his best interest to relieve the employee asap even by paying for the notice period pay. Anyway the employer can not entrust new assignments to the resigned employee and the both the employer and employee are going to waste each other's time.
Regards
A. S. Bhat
nathrao
Asbhat,
What you say may have merit in its own way?
Giving notice and quitting is a laid down procedure.ve him notice pay and then making him uneligible for gratuity is not the right way.
All such expenses are part of expenditure of running a business.
pon1965
There is a misconception. Notice Period service is as good as normal working period. The term N.P. merely for the purpose of employer looking for suitable replacement and other handing over formalities. The professionals don't differentiate the normal working period and the working during N.P. They deliver in the same spirit. The period of N.P. working must be included in service period.
Pon
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