Eligibility For The Gratuity? - Doc Download

Dear All,
In any organisation employee has to continue minimum 5 years then he/she will get gratuity i.e.after resignation/superanuation fund.maxim eligible criteria as per act 10 persons or more.
Maximum celing amount is 3,50,000/-
Calculation of gratuity = lastdrawn(Basic+DA)*15*no.of years/26 (No.of working days)

If the employee has been in your rolls he will be eligible for gratuity provided he has accounted for at least five years of continuous service irrespective of whether the project has been commissioned or not. However, an establishment as it is will be formally formed only when the project is commissioned and registration under the Factories Act/ Plantations Act/ Shops and Commercial Establishments Act is obtained. During the construction period, labour enactments like ESI and EPF will not be applicable and in the same footing the service before commissioning of the project will not have relevance unless otherwise provided.
Regards,
Madhu.T.K

Dear Member,
No
With Regards,
R.N.Khola

Nilendra Sir,

Thanks for your reply. I want to know about those employees which is working long time (more than 6 to 7 years) in a firm or company, where they get salary through voucher and there is no record for registered employees. In this case those employees can raise their voice for Gratuity, PF and ESI Fund etc.

Thanks
With best regards,

(Raj Kumari)
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Employees working for seven years without having covered by ESI or EPF! I understand that the company must be a one man show establishment. The law enforcing officers are in line of the employer. Otherwise, this would not happen. Any way, if the employer is not giving these employees any ESI or EPF coverage the ESI Inspector and EPF Enforcement Officer should be involved.

Regarding Gratuity payment, the employees can claim gratuity when they leave the organisation. An employer who has not given the basic rights of employees will not give gratuity to the employees without any outside interference. If so, he can take the assistance of the Labour Officer.

Voucher payment of salary does not make an employee disqualified to get statutory benefits because it is not the look out of the employee but the employer alone. If the authorities find that the employer has been making payments to employees through vouchers they can charge the employer for not maintaining and updating the muster roll, wage register and other reports which the employer is required to maintain and update under different Acts.

Regards,

Madhu.T.K