I need your help in this regard. I have been working in an IT company for the past 6.5 years. During this time, I took a maternity leave of 8 months. Out of these 8 months, 3 months were paid leaves, which were maternity benefits, and the remaining 5 months were approved leave.
Now, my HR is informing me that I am not eligible for Gratuity as per the policy. I am confused about this matter. Could you please confirm whether I am eligible for Gratuity benefits or not?
Please help me with this issue.
Warm regards,
Usha H.
From India, Bangalore
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Now, my HR is informing me that I am not eligible for Gratuity as per the policy. I am confused about this matter. Could you please confirm whether I am eligible for Gratuity benefits or not?
Please help me with this issue.
Warm regards,
Usha H.
From India, Bangalore
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Yes ur aligible for gratuity...... for gratuty is applicable who are alll complited five years Thanks & Regards Raghavendra HR Executive ITC furtune hotels
From India, Bangalore
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From India, Bangalore
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You are 100% entitled to gratuity as per the Payment of Gratuity Act 1972, which specifies that an employee should have completed 5 years for entitlement. Even if your service is more than 6.5 years, you will be paid 7 years of gratuity, or if it is less than 6.5 years, you will be paid 6 years of gratuity. You can also refer to the Payment of Gratuity Act 1972 for the bare act.
Regards,
Baba Naresh
From India, Delhi
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7Regards,
Baba Naresh
From India, Delhi
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Hi Ushajk75, you are 100% eligible for gratuity. As rightly mentioned by Mr. B Naresh, the entitlement will be for 7 years of service. Though the Act provides for 5 years of continuous service for entitlement to gratuity, the Madras High Court, in a decision, had held that if someone works for 4 years and 240 days in the fifth year, they become entitled to gratuity. You may speak to your HR accordingly. In case of refusal to pay, first serve them a notice, and in case of no payment, make an application to the designated authority.
Best,
Jai
From India
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Best,
Jai
From India
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Dear all, You are100% eligable for Gratuity!!!!.Maternity leave is different and gratuity is different is discuss with your HR. KVR
From India, Coimbatore
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From India, Coimbatore
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Gratuity and Leave of Absence
Also note that a period of leave of absence on account of legitimate reasons like maternity, accidents, etc., shall not be taken into consideration while computing the 5 years of continuous service. The employer is justified in proportionately reducing the gratuity payable to the extent of the authorized period of absence.
Regards,
Dr. Sureshkumar
From India, Mumbai
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Also note that a period of leave of absence on account of legitimate reasons like maternity, accidents, etc., shall not be taken into consideration while computing the 5 years of continuous service. The employer is justified in proportionately reducing the gratuity payable to the extent of the authorized period of absence.
Regards,
Dr. Sureshkumar
From India, Mumbai
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I have just joined a public limited hotel group in Gujarat. My friend is saying that if your take-home salary is Rs. 25,000 and above per month, you are not eligible for PF. Is it right? Please advise.
Suresh
From India, Anklesvar
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Suresh
From India, Anklesvar
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Dear See Sec 2 A of the Gratuity Act. Upto 12 weeks of maternity leave per child is included in the period of continous service. With Regards E-mail : rajanassociates@eth.net Mobile : 9025792684
From India, Bangalore
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From India, Bangalore
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Eligibility for Gratuity and Maternity Leave
You have posted your query regarding eligibility for Gratuity. As per Section 2A of the Gratuity Act, you are eligible for maternity leave, which will be included in the service. Furthermore, the Madras High Court recently issued a judgment stating that an employee who has worked for 4 years and 240 days in the 5th year is eligible for gratuity.
I am forwarding the Madras High Court judgment in a PDF attachment file with this email. Additionally, you can file a simple petition with the Regional Labour Commissioner in your area.
Regards,
Ravi.V
[Phone Number Removed For Privacy Reasons]
From India, Mumbai
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You have posted your query regarding eligibility for Gratuity. As per Section 2A of the Gratuity Act, you are eligible for maternity leave, which will be included in the service. Furthermore, the Madras High Court recently issued a judgment stating that an employee who has worked for 4 years and 240 days in the 5th year is eligible for gratuity.
I am forwarding the Madras High Court judgment in a PDF attachment file with this email. Additionally, you can file a simple petition with the Regional Labour Commissioner in your area.
Regards,
Ravi.V
[Phone Number Removed For Privacy Reasons]
From India, Mumbai
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Can gratuity payable to an employee be retained if the employee is involved in a vigilance case? In our government organization, a retired employee was not given the employer's contribution of PF and the gratuity amount since he was involved in a vigilance case.
From India, Kochi
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From India, Kochi
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Dear Member, You have to go through applicable central /state Civil Service Rules for your query. With Regards, R.N.Khola
From India, Delhi
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From India, Delhi
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Hi Trupti,
I am working in a software firm, and one of our employees has completed 5 years. He is eligible for gratuity. Could you please let me know if we can give the gratuity amount while he is still with us, or should it be provided after his resignation? Also, please explain how the policy works.
Thank you.
From India, Pune
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I am working in a software firm, and one of our employees has completed 5 years. He is eligible for gratuity. Could you please let me know if we can give the gratuity amount while he is still with us, or should it be provided after his resignation? Also, please explain how the policy works.
Thank you.
From India, Pune
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Dear all, Thank you very much for your information. I have taken an 8-month leave in the 5th year itself and have not completed the minimum 240 days in the 5th year. In this case, am I eligible for Gratuity? Please clarify the doubt. I need to show your inputs to my HR and get it clarified.
Warm regards,
Usha
From India, Bangalore
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Warm regards,
Usha
From India, Bangalore
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As per the above discussions, If one person leaves the company after completing 4 years and 8 months, he or she will be eligible for gratuity....is that right?
From India, Kochi
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From India, Kochi
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I joined an organization on 1st September 2009 and resigned on 28th August 2014. However, my last working day was on 12th September 2014. In my experience letter, my job period is stated as 1st September 2009 to 12th September 2014. Can you please advise if I am eligible for gratuity?
Thank you.
From India, undefined
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Thank you.
From India, undefined
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Doctors on Part Time payment-Gratuit y eligibility- Gujarat High Court.docx
Less than 5 years service - Eligibility for payment of gratuity.pdf