I joined an organization on 20 March 2007 and resigned on 4 June 2014. On 1 August 2009, my employee code changed as I received a promotion. The organization is denying my request, stating, "Tenure of one Employee Code cannot be clubbed with another Employee Code for any purpose, including total tenure calculation."
Gratuity Eligibility and Steps to Take
My question is: will I receive my Gratuity, and what are the steps to take? Please help me.
Regards.
From India, Chennai
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1Gratuity Eligibility and Steps to Take
My question is: will I receive my Gratuity, and what are the steps to take? Please help me.
Regards.
From India, Chennai
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It's not dependent on your employee number but on your tenure. If your service is continuous, then you are eligible to get gratuity. However, if they have incorporated a new date of joining while changing your employee number, then you can't claim it as it is not a continuous service. Check your promotion letter.
If it is so, they would have settled all dues during the change of employee number/role. If not, you can check with them and claim your gratuity.
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If it is so, they would have settled all dues during the change of employee number/role. If not, you can check with them and claim your gratuity.
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As per my theoretical knowledge, continuous 5 years of service by an employee is an important eligibility requirement for the payment of gratuity. Since you have completed approximately 7 years of service in the same organization, it means you are eligible to receive a gratuity amount under the Payment of Gratuity Act 1972.
The employer should clear your gratuity payment within 30 days from the date of resignation.
Thank you.
From Germany
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The employer should clear your gratuity payment within 30 days from the date of resignation.
Thank you.
From Germany
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Gratuity Eligibility and Continuous Service
For gratuity eligibility, an employee must complete five years of continuous service. In this case, it is more than the stipulated service, and the employee becomes eligible to claim gratuity. An employer cannot deny the same.
Thanks
From India, Chennai
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For gratuity eligibility, an employee must complete five years of continuous service. In this case, it is more than the stipulated service, and the employee becomes eligible to claim gratuity. An employer cannot deny the same.
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From India, Chennai
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All you are right, but there has to be the same employer. In this case all the documents need to be checked before any conclusion regarding continued service of min 5 years.
From India, Gwalior
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From India, Gwalior
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You have completed the mandatory period of five years as required for entitlement to payment of Gratuity. The 'Employee code' is normally used for simplification of work but not to disentitle a person from the benefits of the social schemes enshrined under the statutory Acts and Rules. I am sure that a change of the employee code will not have any effect unless the name of the person is changed. My advice to you is to submit an application in the prescribed form under your state rules to the Controlling authority for payment of gratuity, and you will succeed.
I would be grateful if the seniors could render their opinion on the issue of whether the change of code can disentitle a person from the benefits.
Regards,
BS Kalsi
From India, Mumbai
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I would be grateful if the seniors could render their opinion on the issue of whether the change of code can disentitle a person from the benefits.
Regards,
BS Kalsi
From India, Mumbai
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As per the Act, continuous service of 5 years is required. The Act does not mention anything related to salary, designation, or employee code. Please clarify if you have resigned and rejoined; then the eligibility will be from the date of your rejoining. Otherwise, it will not. Please claim your gratuity if you have valid proof of the appointment letter and the relieving letter as evidence.
From India, Ahmadabad
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From India, Ahmadabad
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc