Sir, I want legal section of the same I work in Private Limited company for 9 years, should I eligible for Grauity. Please let me know
From India, Mumbai
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From India, Mumbai
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Hi Yes u r eligible for Gratuity, anyone working in the organisation 5 years + they will eligible for gratuity.
From India, Madras
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8From India, Madras
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dear chandresh, 1. in sec 1 gratuity sct says that if your compnanyemploying more than 10, then applicable. 2. you re applicable for gratuity. regards rajnish
From India, Delhi
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From India, Delhi
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If employer is denied the same, please give me the procedure for the same. Regards, Chandresh
From India, Mumbai
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From India, Mumbai
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Hi Chandresh,
As per your email, you mentioned that you have worked for 9 years. During these nine years, did you have a salary structure as a consultant (i.e., consolidated pay) or a salary structure including basic salary, HRA, and PF, etc.?
If your salary structure falls under option 2, then you are eligible for the criteria.
The gratuity amount is calculated as follows:
Basic/26 * 15 * number of years.
Please refer to the Gratuity Act, 1972, available on the website.
Regards,
Suresh
From India, Madras
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As per your email, you mentioned that you have worked for 9 years. During these nine years, did you have a salary structure as a consultant (i.e., consolidated pay) or a salary structure including basic salary, HRA, and PF, etc.?
If your salary structure falls under option 2, then you are eligible for the criteria.
The gratuity amount is calculated as follows:
Basic/26 * 15 * number of years.
Please refer to the Gratuity Act, 1972, available on the website.
Regards,
Suresh
From India, Madras
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Dear Panchal,
Whether it is a Private Limited, Partnership firm, or Proprietorship, the Gratuity Act will apply if they employ more than 10 members. The designation is not the issue. If anybody is receiving a fixed amount as a Consultant's salary, then they are not eligible for Gratuity if they have completed more than 5 years as a Consultant or Advisor, etc.
In other cases, with a designation as Consultant or any other designation, if they provide a salary slip or obtain a signature in the salary register showing Basic+DA+HRA+Conveyance, and the employee has completed more than 5 years, then they are eligible for Gratuity. For example, if the total service is 5 years 6 months and 10 days, the calculation of gratuity is for 6 years.
Regards,
Rapolu HS
From India, Hyderabad
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Whether it is a Private Limited, Partnership firm, or Proprietorship, the Gratuity Act will apply if they employ more than 10 members. The designation is not the issue. If anybody is receiving a fixed amount as a Consultant's salary, then they are not eligible for Gratuity if they have completed more than 5 years as a Consultant or Advisor, etc.
In other cases, with a designation as Consultant or any other designation, if they provide a salary slip or obtain a signature in the salary register showing Basic+DA+HRA+Conveyance, and the employee has completed more than 5 years, then they are eligible for Gratuity. For example, if the total service is 5 years 6 months and 10 days, the calculation of gratuity is for 6 years.
Regards,
Rapolu HS
From India, Hyderabad
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Dear Member,
If the gratuity is denied, a person can make a claim before the Commissioner for Gratuity, not before the labor court. The labor court can resolve industrial disputes as defined under the schedules of the ID Act.
Murugavel B.
Chennai
From India, Madras
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If the gratuity is denied, a person can make a claim before the Commissioner for Gratuity, not before the labor court. The labor court can resolve industrial disputes as defined under the schedules of the ID Act.
Murugavel B.
Chennai
From India, Madras
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Gratuity Act-Teachers-Ma dhya Pradesh.docx
Payment of Gratuity Act, 1972 & The Rules.ppt