Hi,
Could anybody explain the eligibility for gratuity during the notice period?
For example, if I joined a company on 19-Sep-2006 and resigned from the service on 19-July-2010, with a notice period of 2 months, my last working day with the company would be 20-Sep-2010, completing my 5 years of service. I just want to confirm if I am eligible for gratuity in the above case.
Thanks,
Dhirendra
From India, Pune
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Could anybody explain the eligibility for gratuity during the notice period?
For example, if I joined a company on 19-Sep-2006 and resigned from the service on 19-July-2010, with a notice period of 2 months, my last working day with the company would be 20-Sep-2010, completing my 5 years of service. I just want to confirm if I am eligible for gratuity in the above case.
Thanks,
Dhirendra
From India, Pune
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Dear sir, Even the period of 4 and 1/2 years is treated as 5 years then why you have such doubt. It is certainly pable to you. regards.
From India, Delhi
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1From India, Delhi
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Dear R. N,
Thank you. Actually, the period mentioned above was just a dummy period for simplicity, but the actual scenario is the same for me. I have completed 4 years and 8 months and I want to resign at the earliest, but my notice period is 2 months. So, I just want to make sure that I do not miss out on the gratuity and I want to check when I can be eligible at the earliest.
Thank you
From India, Pune
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Thank you. Actually, the period mentioned above was just a dummy period for simplicity, but the actual scenario is the same for me. I have completed 4 years and 8 months and I want to resign at the earliest, but my notice period is 2 months. So, I just want to make sure that I do not miss out on the gratuity and I want to check when I can be eligible at the earliest.
Thank you
From India, Pune
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Dear Dhirendra,
To be on the safer side, I would like to suggest you complete five years of service, including that of the notice period. The notice period is also included in the length of service.
Regards,
R N KHOLA
From India, Delhi
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To be on the safer side, I would like to suggest you complete five years of service, including that of the notice period. The notice period is also included in the length of service.
Regards,
R N KHOLA
From India, Delhi
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I would like to differ with Mr. B.N.P Singh in this regard. To count your length of service, you have to complete 5 years (including your notice period). Even 4 years 11 months will not make you an eligible employee in terms of gratuity. So, I agree with Mr. R.N.Khola; you must complete 5 years of service to avail gratuity.
Regards,
DG
From India, Calcutta
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Regards,
DG
From India, Calcutta
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As Per Madras High court judgment a period of 4 year and 240 days complete will be eligibity for Gratuity, but to be safer side complete 5 year would be better.
From India, Delhi
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From India, Delhi
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Hi,
I have a doubt regarding gratuity eligibility. Will gratuity eligibility be considered from the date of joining (DOJ) or after confirmation?
In my case, I joined my organization in August 2011 (probation period), and after 6 months, in February 2012, I was confirmed (permanent). Please clear my doubts.
From India, Thane
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I have a doubt regarding gratuity eligibility. Will gratuity eligibility be considered from the date of joining (DOJ) or after confirmation?
In my case, I joined my organization in August 2011 (probation period), and after 6 months, in February 2012, I was confirmed (permanent). Please clear my doubts.
From India, Thane
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Gratuity is calculated from the date of joining.
Check my blog www.labourlawhub.com for more information.
From India, Kolkata
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Check my blog www.labourlawhub.com for more information.
From India, Kolkata
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Gratuity is payable for continuous service rendered for not less than five years. Under Section 2A, "continuous service" includes periods of leave, absence without permission, etc. For the purpose of calculating the quantum of gratuity, it is payable for each "completed year of service," i.e., 240 days per year. So, I think working for 4 years and 240 days will make you entitled to gratuity. For more information, check www.labourlawhub.com.
From India, Kolkata
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From India, Kolkata
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you are eligible for gratuity .......................................................................................
From India, Faridabad
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From India, Faridabad
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Dear Dhirendra,
Whether an employee is in his notice period, if the salary will be paid to him for that period, it will be the Net Amount (after all the deductions, including gratuity too). So, the gratuity will be paid to him. The last date of working is always considered as THE DATE OF RELIEVING after the completion of the notice period. So, it will definitely be counted.
From India, Mumbai
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Whether an employee is in his notice period, if the salary will be paid to him for that period, it will be the Net Amount (after all the deductions, including gratuity too). So, the gratuity will be paid to him. The last date of working is always considered as THE DATE OF RELIEVING after the completion of the notice period. So, it will definitely be counted.
From India, Mumbai
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Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx
Less than 5 years service - Eligibility for payment of gratuity.pdf
Notice period.jpg