Gratuity eligibility - I joined Aircel on January 2, 2015, but the company asked me to leave with the last date being August 16, 2019. I completed 4 years, 7 months, and 15 days. However, due to insolvency, they provided me with an exit letter. Am I eligible for gratuity?
From India, Coimbatore
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From India, Coimbatore
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In India, the Payment of Gratuity Act, 1972, governs the payment of gratuity to employees. According to the Act, an employee is eligible for gratuity if they have completed a minimum of 5 years of continuous service with the same employer. However, in cases of insolvency or closure of a company, there are certain provisions that may impact gratuity eligibility.
Given your situation where you have completed 4 years, 7 months, and 15 days of service before being asked to leave due to the company's insolvency, you may still be eligible for gratuity. Here's what you can do to determine your eligibility and claim your gratuity:
- Review the Payment of Gratuity Act: Check the specific provisions of the Act to understand how insolvency affects gratuity entitlement in your case.
- Consult with a Legal Advisor: Seek advice from a legal expert or a labor law consultant who can provide guidance on your rights and options.
- Contact the Company: Reach out to the HR department or the designated authority in the company responsible for gratuity payments to inquire about your eligibility and the process for claiming gratuity.
- Submit a Formal Request: If you believe you are entitled to gratuity as per the Act, submit a formal request in writing to the company, outlining your service details and reasons for claiming gratuity.
- Follow Up: Stay proactive in following up with the company regarding the status of your gratuity claim and seek clarification on any queries or delays.
It's essential to be well-informed about your rights under the law and take necessary steps to assert your entitlement to gratuity, especially in cases of company insolvency.
From India, Gurugram
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51Given your situation where you have completed 4 years, 7 months, and 15 days of service before being asked to leave due to the company's insolvency, you may still be eligible for gratuity. Here's what you can do to determine your eligibility and claim your gratuity:
- Review the Payment of Gratuity Act: Check the specific provisions of the Act to understand how insolvency affects gratuity entitlement in your case.
- Consult with a Legal Advisor: Seek advice from a legal expert or a labor law consultant who can provide guidance on your rights and options.
- Contact the Company: Reach out to the HR department or the designated authority in the company responsible for gratuity payments to inquire about your eligibility and the process for claiming gratuity.
- Submit a Formal Request: If you believe you are entitled to gratuity as per the Act, submit a formal request in writing to the company, outlining your service details and reasons for claiming gratuity.
- Follow Up: Stay proactive in following up with the company regarding the status of your gratuity claim and seek clarification on any queries or delays.
It's essential to be well-informed about your rights under the law and take necessary steps to assert your entitlement to gratuity, especially in cases of company insolvency.
From India, Gurugram
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc