Employee joined on 25.09.2006 and relieved from service on 31.07.2011. pl. clarify whether employee is eligible for gratuity or not as per gratuity act. treat the matter urget pl.
From India, Hyderabad
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From India, Hyderabad
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Dear Vijay, He is eligible for gratuity if he had worked for 240 days in each of his service years, including in the fifth year. S.Sethupathy, Excellent HR Services, Erode.
From India, Coimbatore
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54From India, Coimbatore
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Dear Sethu, you are correct. I have one doubt. If the employee has worked more than 5 years of regular service and is to be terminated by disciplinary action, does it mean that he is eligible for getting gratuity or not? Please explain the state policy.
Regards,
Sukumar
From India, Mumbai
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Regards,
Sukumar
From India, Mumbai
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Dear Sukumar Ji,
If the employee is compulsorily retired with all terminal benefits, he is eligible for payment of gratuity. It is considered a mild punishment. The employee loses the remaining services but retains the benefits of past services. However, if he is dismissed, he loses the gratuity altogether. Therefore, please refer to the termination order for eligibility for gratuity.
Regards,
From India, Pune
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If the employee is compulsorily retired with all terminal benefits, he is eligible for payment of gratuity. It is considered a mild punishment. The employee loses the remaining services but retains the benefits of past services. However, if he is dismissed, he loses the gratuity altogether. Therefore, please refer to the termination order for eligibility for gratuity.
Regards,
From India, Pune
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Dear Vijay Ji, Please advise the concerned employee to lodge claim for gratuity in the prescribed form. Whenever he gets it, please post the success in this column for guidance of others.
From India, Pune
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From India, Pune
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dear suku, as per the law, if any employee who has been terminated by the company under disciplinary procedure is not eligible for gratuity claim. regards suri
From India, Bangalore
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From India, Bangalore
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Khola Sir If employees is not not terminated and completed 240day in fourth year and resign then he will be eligible for Gratuity.
From India, Delhi
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From India, Delhi
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Dear K K Singh, Welcome to CiteHR. No.This employee will not be entitled to receive gratuity from the employer. Regards R N KHOLA
From India, Delhi
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From India, Delhi
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Dear KK Singh, May be part of CTC but it is only payable on becoming eligible. Regards, R N KHOLA
From India, Delhi
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From India, Delhi
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Dear Mr. Khola,
Is there any exemption under Gratuity? For example, if an employee has worked for 25 years and at the time of leaving his/her Basic Salary was Rs. 30 thousand, then as per the Gratuity Act (for Pvt. Ltd. co.), his/her gratuity would be approximately Rs. 4,32,692. Would he/she receive the said amount or any other amount according to the Payment of Gratuity Act, 1972.
Regards,
Rohit
From India, New Delhi
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Is there any exemption under Gratuity? For example, if an employee has worked for 25 years and at the time of leaving his/her Basic Salary was Rs. 30 thousand, then as per the Gratuity Act (for Pvt. Ltd. co.), his/her gratuity would be approximately Rs. 4,32,692. Would he/she receive the said amount or any other amount according to the Payment of Gratuity Act, 1972.
Regards,
Rohit
From India, New Delhi
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Dear Khola ji,
Is there any provision in the depth of payment of gratuity act, 1972, that considers any type of short entitlement for the service?
One of my acquaintances had resigned from his position when he was close to completing his 5th year of continuous service. He resigned after completing 4 years and 11 months in the role.
Thanks,
Neeraj
From India, Delhi
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Is there any provision in the depth of payment of gratuity act, 1972, that considers any type of short entitlement for the service?
One of my acquaintances had resigned from his position when he was close to completing his 5th year of continuous service. He resigned after completing 4 years and 11 months in the role.
Thanks,
Neeraj
From India, Delhi
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Dear Mr. Khola, I calculated Gratuity amount as follows : Basic Salary + D.A (if any) / 26 *15*No. of years completion. Regards Rohit
From India, New Delhi
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From India, New Delhi
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Dear Neeraj,
According to the Payment of Gratuity Act, 1972, an employee must complete five years of continuous service with the same employer. However, as per the judgment of the Hon'ble Madras High Court, an employee is entitled to receive gratuity upon completing 240 days of service in the fifth year. Members have repeatedly referenced this judgment to inform others, so please review it to address your query conclusively. I trust that the Controlling Authorities in the Gurgaon area under the PG Act are also taking this judgment into consideration when determining gratuity matters.
R.N.KHOLA
(M) 09810405361
From India, Delhi
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According to the Payment of Gratuity Act, 1972, an employee must complete five years of continuous service with the same employer. However, as per the judgment of the Hon'ble Madras High Court, an employee is entitled to receive gratuity upon completing 240 days of service in the fifth year. Members have repeatedly referenced this judgment to inform others, so please review it to address your query conclusively. I trust that the Controlling Authorities in the Gurgaon area under the PG Act are also taking this judgment into consideration when determining gratuity matters.
R.N.KHOLA
(M) 09810405361
From India, Delhi
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It is mandatory to complete 5 years at first instance. Then, one has to put in 240 days every year to be paid. If someone does not complete 240 days, he/she cannot claim gratuity for that year.
Regards,
Murali
From India, Chennai
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Regards,
Murali
From India, Chennai
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If an employee is terminated due to misconduct or any practices that are included in the company's standing order, then even if he/she completes 5 years of service, they will not be eligible for gratuity or any form of settlement from the company.
Regards,
R. Devarajan
From India, Madras
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Regards,
R. Devarajan
From India, Madras
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Less than 5 years service - Eligibility for payment of gratuity.pdf
Gratuity Act-Teachers-Ma dhya Pradesh.docx