I HAD JOINED AN ORGANISATION ON 15TH MAY, 2008 AND MY LAST WORKING DAY, INCLUDING NOTICE PERIOD WAS 14TH MAY, 2013. WILL I BE ELIGIBLE FOR GRATUITY
From India, New Delhi
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From India, New Delhi
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Yes you are 100% eligible me also had claimed with the period of 5 years as your interval of start and end.
From India, Pune
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1From India, Pune
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Eligibility for Gratuity
You are eligible for gratuity if you have:
1. Worked for 240 days in each of the last 5 years that you have been in that job.
2. There has been no break in service, such as resignation and then rejoining in a short period, etc.
For that matter, any reason whatsoever, if you have not worked 240 days in any given year, will disqualify you from gratuity.
From India, Chennai
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You are eligible for gratuity if you have:
1. Worked for 240 days in each of the last 5 years that you have been in that job.
2. There has been no break in service, such as resignation and then rejoining in a short period, etc.
For that matter, any reason whatsoever, if you have not worked 240 days in any given year, will disqualify you from gratuity.
From India, Chennai
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Yes, had you filled up the form to withdraw gratuity before leaving the company? If no, please contact the HR of your previous company and sort it out.
From India, Bangalore
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From India, Bangalore
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You are eligible as you have completed 5 years of continuous service with the same employer.
From India, New Delhi
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From India, New Delhi
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I am sorry to say that you are not entitled to the payment of gratuity under the Act. You need to complete the full term of five years. In the last year of your service, you need to calculate whether you have completed 240 days. You are not allowed to add your notice period while calculating your entitlement to gratuity. We have had a lot of discussions on this issue earlier.
I request members like Kamal not to misguide others unless you are sure of an issue under discussion. A plain reading of section 4 of the bare Act would have given you the exact information.
Regards,
Bs Kalsi
Member since Aug 2011
From India, Mumbai
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I request members like Kamal not to misguide others unless you are sure of an issue under discussion. A plain reading of section 4 of the bare Act would have given you the exact information.
Regards,
Bs Kalsi
Member since Aug 2011
From India, Mumbai
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if have continuous service for 5 years and worked minimum 240 days in a year for all the 5 years you are eligible for gratuity, just request the employer,if not approach the labour court
From India, Bangalore
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From India, Bangalore
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After verdict of Supreme Court it has clear now even if an employee worked 4 years & 8 months he is eligible for gratuity. You are entitled for Gratuity.
From India, New Delhi
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From India, New Delhi
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You have mentioned the same thing that I addressed in my previous email. You stated 4 years & 8 months, whereas I mentioned 4 years and 240 days in the final year of his service. The main question was whether the notice period should be considered when calculating the 5-year period that makes an individual eligible to receive gratuity. The term 'continuous service' is defined in Section 2A of the Payment of Gratuity Act, but there is no mention of the notice period. Based on these facts, he does not qualify for gratuity payment under the Act.
Regards,
BS Kalsi
Member since August 2011
From India, Mumbai
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Regards,
BS Kalsi
Member since August 2011
From India, Mumbai
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You are eligible for the gratuity scheme if you have had continuous service for 5 years and worked a minimum of 240 days in a year for all 5 years. Just request the employer for the details, and if not provided, you can approach the labor court for assistance.
Please review your payslip and related factory documents to provide the necessary support for this scheme.
Regards,
V. Loganathan.
From India, Coimbatore
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Please review your payslip and related factory documents to provide the necessary support for this scheme.
Regards,
V. Loganathan.
From India, Coimbatore
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Dear Sir, If you have any latest amendments for the gratuity scheme, for example in till going on process in gratuity amount for one month salary scheme.
From India, Coimbatore
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From India, Coimbatore
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Dear All, Wanted to know whether is it appropriate or not to give someone gratuity from day 1?
From India, Vadodara
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From India, Vadodara
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Dear Mr. Kalsi, First of all, the notice period need not be mentioned separately as it is considered a part of your service tenure. Also, please see the post and read carefully. Mr. Amit joined the services on 15 May 2008 and resigned on 14 May 2013, so even in any case, he completed 5 calendar years with his employer. How much notice period do you think he would have served? 3 months... even if you take that part out, as you say, he would still be crossing that 2 years 240 days mark, so he will be entitled to gratuity in any case.
I would request you to please read the post carefully before providing your opinion on the same and criticizing other members. Mr. Kamal Prasoon Sinha was right in saying that he is entitled to gratuity.
Regards,
From India, New Delhi
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I would request you to please read the post carefully before providing your opinion on the same and criticizing other members. Mr. Kamal Prasoon Sinha was right in saying that he is entitled to gratuity.
Regards,
From India, New Delhi
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Period of training shall be counted for the calculation of gratuity-HIGH COURT JUDGMENT.doc
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