Dear Friends,
I am sharing with you an attachment of a Madras High Court Judgment under the Payment of Gratuity Act. In this judgment, the eligibility of an employee to claim gratuity under the Payment of Gratuity Act has been clarified by interpreting continuous service as 4 years and 240 days, the minimum eligibility criteria for claiming gratuity.
From India, Mumbai
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24I am sharing with you an attachment of a Madras High Court Judgment under the Payment of Gratuity Act. In this judgment, the eligibility of an employee to claim gratuity under the Payment of Gratuity Act has been clarified by interpreting continuous service as 4 years and 240 days, the minimum eligibility criteria for claiming gratuity.
From India, Mumbai
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Hi Satyam, Thanks a lot for posting a very valuable information. Reply With Quote As i am facing a same problem .now i think i can solve my problem. Thanks a lot narender singh
From India, New Delhi
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From India, New Delhi
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Hi All,
I would like to know about the latest updates on the Payment of Gratuity. I understood from this judgement that 4 years of continuous service and 10 months plus 18 days in the fifth year are considered for an employee to be eligible for gratuity. Is an employee eligible if he has completed 4 years of continuous service and 258 days in the fifth year?
Please help with this or provide any information on the latest amendments in the act.
Many thanks in advance.
From India, Hyderabad
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I would like to know about the latest updates on the Payment of Gratuity. I understood from this judgement that 4 years of continuous service and 10 months plus 18 days in the fifth year are considered for an employee to be eligible for gratuity. Is an employee eligible if he has completed 4 years of continuous service and 258 days in the fifth year?
Please help with this or provide any information on the latest amendments in the act.
Many thanks in advance.
From India, Hyderabad
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If he has completed 4 years of continuous service and 258 days, then he is eligible for gratuity. In the judgment attached to this thread, it was held that 4 years and 240 days will be the minimum eligibility criteria for claiming gratuity.
From India, Bangalore
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From India, Bangalore
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Hi Satyam,
Thank you for posting valuable information. However, I would appreciate your comments on my concerns.
This is a case where I am unsure about the basis on which the conclusion was made. I believe that this policy could benefit those who are asked to leave the company by management but not those who choose to leave on their own. In my opinion, unless an amendment is passed stating that completion of 4 years and 240 days is an eligibility criterion, this policy cannot be implemented in practice.
I welcome expert thoughts.
Sughumar R.K.
From United States, Bentonville
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Thank you for posting valuable information. However, I would appreciate your comments on my concerns.
This is a case where I am unsure about the basis on which the conclusion was made. I believe that this policy could benefit those who are asked to leave the company by management but not those who choose to leave on their own. In my opinion, unless an amendment is passed stating that completion of 4 years and 240 days is an eligibility criterion, this policy cannot be implemented in practice.
I welcome expert thoughts.
Sughumar R.K.
From United States, Bentonville
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A concern employed a person on a part-time basis or contract basis to maintain its accounts. The person thus employed for accounting work receives remuneration on a monthly basis from this concern. He is a full-time employee of another concern. Can he be considered an employee under the Payment of Gratuity Act and entitled to gratuity? Can he be considered an employee to be included in the count limit of ten employees so that the Payment of Gratuity Act becomes applicable to others?
From India, Mumbai
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From India, Mumbai
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Clarifying Employee Status Under the Payment of Gratuity Act
Whether a car driver or the proprietor of a proprietary concern can be considered an employee under the Payment of Gratuity Act is a question that needs to be clarified. Similarly, if an individual only comes in to clean the office in the morning and does not perform any other tasks, can they be classified as an employee of that concern under the Payment of Gratuity Act?
It is essential to understand the specific criteria and definitions outlined in the Payment of Gratuity Act to determine the eligibility of individuals in different roles within an organization.
From India, Mumbai
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Whether a car driver or the proprietor of a proprietary concern can be considered an employee under the Payment of Gratuity Act is a question that needs to be clarified. Similarly, if an individual only comes in to clean the office in the morning and does not perform any other tasks, can they be classified as an employee of that concern under the Payment of Gratuity Act?
It is essential to understand the specific criteria and definitions outlined in the Payment of Gratuity Act to determine the eligibility of individuals in different roles within an organization.
From India, Mumbai
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Dear KP , the payment of gratuity act 4 year and 240 days TX Umesh Maurya (Advocate) Labour Laws
From India, Gurgaon
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From India, Gurgaon
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc