Can I Claim Gratuity Without Leaving My Job? Seeking Advice on Gratuity Rights and Calculations

Dear friends,

1. I have completed more than six years in an organization. Can I claim for gratuity without leaving the organization with continuation in the same organization? Also, guide me on the calculation of gratuity.

2. If I claim for gratuity after leaving the organization and management denies my gratuity, what options do I have to get my gratuity?

Gratuity Clarification Needed

I need clarification regarding gratuity:

1. Is gratuity compulsory or not?
2. If it is compulsory, how should gratuity be calculated?

If you have any amendments, please attach.

Regards,
Prasad
HYD.

Understanding Gratuity Payment

Gratuity is an amount payable by the employer when an employee leaves the establishment after serving for at least five years. Therefore, it cannot be claimed while you are in service. Upon your departure, if the employer does not pay it, you can recover it with interest by submitting a request to the Labor authorities.

Calculation of Gratuity

Gratuity will be equal to 15 days' salary at the time of leaving the company for every completed year of service. Any fraction of a year exceeding six months shall be considered as one year, while less than six months shall be disregarded when calculating the gratuity amount. This implies that if you have worked for six years, six months, and a day, you will receive gratuity for seven years. If your salary (Basic + DA) at the time of leaving is Rs 26,000, then your gratuity will amount to Rs 105,000, calculated as 26,000 / 26 days (to obtain daily salary) X 15 days X 7 (years of service).

Employer's Responsibility

Payment of gratuity is mandatory, and it must be disbursed to the entitled employee even if not claimed. Thus, it becomes the employer's responsibility to locate the employee and make the payment.

Dear Prasad, this is a social site, and when posting your queries, a more polite tone is appreciated.

Regards,
Madhu.T.K

Dear Sir, I am Siva, working in a limited company for the past 10 years, and I need some clarifications:

1. How many CLs are there?
2. How many ELs are there?
3. How many SLs are there?
4. Can we claim the ELs when I resign? Please clarify.
5. Am I eligible for a bonus? Please clarify.
6. Am I eligible for gratuity? Please clarify.
7. Am I eligible for any kind of medical reimbursement? Please clarify.
8. Am I eligible for LTA reimbursement? Please clarify.

I request you to clarify the above and provide calculations as well.

Thanks & Regards,
Siva
Hyderabad.