Am I Eligible for Gratuity and Full PF Withdrawal After 5 Years at My Job?

Dear all,

I have been working with a private firm for the last 5 years and 5 months. The first six months are being treated as a probationary period in our firm. Am I eligible for gratuity? My present salary is 15,000/- basic. After one or two months, I expect an increment. Will somebody please inform me? Also, I would like to know if I will receive the complete amount from PF, that is both employer's and my contribution for the last 5 years.

Thanks to all,

Das

Dear Das,

As per the provisions of the Gratuity Act, 1972, "Every employee (other than an apprentice), irrespective of the wages and salary, is entitled to receive gratuity after he has rendered continuous service of 5 years or more.

Regards,
Deepak Singh

Thank you, Mr. Deepak Singh. What I was afraid of was that they may not take the first 6 months of my service into account as I started signing the muster after getting confirmation. Thank you.

Your concern is a little true. They might turn up saying this. But yes, as per the Gratuity Act of 1972, you can definitely ask for it as you must be having your Offer Letter which contains the joining date in this organization.

All the best.

Any labor legislation is silent about the probation period. The probation period is an internal matter of the respective establishment. However, in the eyes of the law, there is no difference between a probationer and a permanent worker. One who is under probation as per the standing orders of the company cannot be denied the eligible gratuity or other benefits.

In your case, if you had worked for more than 5 years, and even if the period includes a six-month probation, you are eligible for gratuity provided that during the probation period, you had signed the attendance register of the company, which is proof of you having been in service. The qualifying word 'probation' is immaterial here. The gratuity is calculated based on the salary at the time of leaving, so if your salary is revised, you will receive the gratuity based on the revised salary.

You can obtain both the Employees' share and the Employer's share of EPF by withdrawing the same.

Regards, Madhu.T.K

Dear All,

Thank you very much for your expert advice. As Madhu T.K. pointed out, my office did not allow me to sign in the muster from 27.10.2002 to 01.04.2003 (my probation period), and they started deducting for PF after probation. No appointment letter was issued to me either. However, in my bio-data and the application I submitted at the time of the final interview, I think there are some remarks put by them by hand as to when I was appointed. Can I get a xerox copy of this to submit as evidence later on? Furthermore, in the old files of this period, there are papers with my signature or remarks/scribblings, etc. Will this be enough? If they deny my rightful gratuity (I am planning to resign in the 1st week of May), do I have any provisions to claim that? Like requesting an officer from the labor court or something like that, which will prove my claim? Please guide me.

Thanks, Das