Gratuity
I have been working in my current organization since 02-Mar-2005. Fifteen days ago, my employer accepted my 2-month notice of resignation. Now, he is planning to release me just before 1 or 2 days of my 5-year service term to avoid providing gratuity benefits.
Is gratuity solely based on the number of years of service, or are there any other clauses to avail it? Please help me.
Thanks,
Chanti
From United States, Coatesville
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I have been working in my current organization since 02-Mar-2005. Fifteen days ago, my employer accepted my 2-month notice of resignation. Now, he is planning to release me just before 1 or 2 days of my 5-year service term to avoid providing gratuity benefits.
Is gratuity solely based on the number of years of service, or are there any other clauses to avail it? Please help me.
Thanks,
Chanti
From United States, Coatesville
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To avail the gratuity benefit, you have to complete the stipulated 5 years with the organization. In case you fall short, it can get withheld. Negotiate with your supervisor on your relieving. Of course, you need to work for 240 days every year.
From India, Mumbai
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From India, Mumbai
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Hi Chanti,
I am sorry to hear that you are resigning from the company, as you have mentioned that the company is not retrenching you. As an HR manager who has handled various Gratuity cases, I am confident that your HR team will not provide you with gratuity since you are not eligible for it as your service has not yet completed five years. Therefore, if you have not submitted your resignation, I suggest delaying it until you complete your five-year service period if you are planning to leave. Otherwise, you will not receive gratuity even if you decide to take the matter to the Labour court.
Best regards,
Ratikanta Rath
HR Manager
From India, Angul
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3I am sorry to hear that you are resigning from the company, as you have mentioned that the company is not retrenching you. As an HR manager who has handled various Gratuity cases, I am confident that your HR team will not provide you with gratuity since you are not eligible for it as your service has not yet completed five years. Therefore, if you have not submitted your resignation, I suggest delaying it until you complete your five-year service period if you are planning to leave. Otherwise, you will not receive gratuity even if you decide to take the matter to the Labour court.
Best regards,
Ratikanta Rath
HR Manager
From India, Angul
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If you had severed the compnay for atleast 240 days continously in the 5th year of your service, even if you are relieved 1/2 days earlier, you are entitled for gratuity.
From India, Tiruchchirappalli
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From India, Tiruchchirappalli
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Hi, In my opinion and also, as per the law, Gratuity is eligible only for an employee those who have completed 5 years exactly in his service period is considered as a Gratuity. Thanks, Ramki
From India, Madras
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From India, Madras
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You are eligible right now. Once you complete 4 and a half years, you are eligible. You can take up the issue legally if not paid. Before that, you can inform them and clarify the same with a legal person to avoid embarrassment.
From India, Madras
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From India, Madras
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As per my opinion, there is no lock-in period for entitlement of gratuity. After completion of four years and 240 days in the fifth year, you are eligible for gratuity. If your employer refuses to pay, then you should approach the Authority under the Gratuity Act.
From India, Gurgaon
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From India, Gurgaon
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Hi folks, One judgement says that 4 yrs 9 months eligible for getting gratuity so check wth good lawyer. K.N Surendran Coimbatore 98424 50847
From India, Madras
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From India, Madras
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Dear Friend, There is no advantage to any organisation. If he want to relieve you before the notice period then you can ask the HR to relieve on the exact date.
From India, New Delhi
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From India, New Delhi
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To avail gratuity benefit you have to complete 5 years. Its a statatory compliance. So its better if you complete ur 5 years you will get a pretty gud amount yaar..
From India, Ahmadabad
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From India, Ahmadabad
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hi, According the gratiuty act, those who complete the period of 5 years are eligible for getting gratiuty. Vairavan
From India, Coimbatore
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From India, Coimbatore
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Dear Friend,
You are entitled to get gratuity if you have worked for 240 days in the 5th year. On completion of 240 days, you are entitled to gratuity for that completed year of service, as clearly defined in the Gratuity Act. Please read the definition of a COMPLETED YEAR OF SERVICE.
Thank you,
Mahesh Pandey
From India, Calcutta
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You are entitled to get gratuity if you have worked for 240 days in the 5th year. On completion of 240 days, you are entitled to gratuity for that completed year of service, as clearly defined in the Gratuity Act. Please read the definition of a COMPLETED YEAR OF SERVICE.
Thank you,
Mahesh Pandey
From India, Calcutta
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There is a supreme court ruling for the same. Basis that, you currently stand eligible for your Gratuity.
From India, Mumbai
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From India, Mumbai
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Dear friend,
Don't be afraid. It is your employer's responsibility to award you gratuity as you have completed 4 years + 240 days. In the 5th year, the completion of 240 days can be considered as the completion of one year. In such disputes, all judgments have been awarded in favor of the employee. The incomplete remaining one month can't cease your gratuity period.
You don't need to beg your HR to extend the staying period until completion of 5 years. It is your right, friend.
Best,
Sathish
From India, Jaipur
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Don't be afraid. It is your employer's responsibility to award you gratuity as you have completed 4 years + 240 days. In the 5th year, the completion of 240 days can be considered as the completion of one year. In such disputes, all judgments have been awarded in favor of the employee. The incomplete remaining one month can't cease your gratuity period.
You don't need to beg your HR to extend the staying period until completion of 5 years. It is your right, friend.
Best,
Sathish
From India, Jaipur
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if the person is having some 40 leaves in his/her account in the time of re-leaving then will these days be consider in gratuity as 240 days..
From India, Delhi
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From India, Delhi
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Dear Member,
No, we are not to count the accumulated EL in actual working days. If the employee was on leave with wages earned in the previous year, then those days are to be considered as the number of actual working days for counting in 240 days actual working. (sec.2A)
Regards,
R.N.Khola
From India, Delhi
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No, we are not to count the accumulated EL in actual working days. If the employee was on leave with wages earned in the previous year, then those days are to be considered as the number of actual working days for counting in 240 days actual working. (sec.2A)
Regards,
R.N.Khola
From India, Delhi
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You are eligible for gratuity, check the attached document.
From United States, Saint Paul
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From United States, Saint Paul
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Hi Chanti, Don’t Worry, you will get the Gratuity Since you have completed 4 years and 8 months(240days).... Also the labour Court will support your claim in this matter.. Regards, Anand
From India, Bangalore
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From India, Bangalore
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Payment of Gratuity Act, 1972 & The Rules.ppt
FORM - F (TN Payment of Gratuity Rules, 1973).xls
Abstract of PAYMENT OF GRATUITY ACT & RULES, 1972, FORM U[1].doc