Dear Sir,
I joined the organisation in Bangalore on Feb 2007 and last working day would be 30th Sep2011.
My company is mentioning that I would not eligible as I would be completing only 4ys 164 days & not 190 days as per gratuity law.
But, I would be completing 4yrs 227days in 30th Sep2011 (including the Saturday & Sundays hoildays)
Please let me know whether Saturdays & Sundays are not considered while calculating the Working days for IT company (5days a week).
Regards
Satish
From India, Bangalore
I joined the organisation in Bangalore on Feb 2007 and last working day would be 30th Sep2011.
My company is mentioning that I would not eligible as I would be completing only 4ys 164 days & not 190 days as per gratuity law.
But, I would be completing 4yrs 227days in 30th Sep2011 (including the Saturday & Sundays hoildays)
Please let me know whether Saturdays & Sundays are not considered while calculating the Working days for IT company (5days a week).
Regards
Satish
From India, Bangalore
Hi Satish,
It is correct that the employee must complete 5 years of services in order to be eligible for Gratuity payment.
HOWEVER
In one case, the Madras High Court has held that an employee rendering continuous service for a period of 240 days in a year, ie; the fifth year will be deemed to have continued in service for one year as stipulated by section 2A of the Act. Accordingly, an employee who has put in his service for 10 months, 18 days for the fifth year subsequent to first 4 years should be deemed to have completed continuous service of 5 years and is entitled for Gratiuty.
In your case your HR is right and you are not eligible for Gratuity payment. 240 days of continued service include actual working day for the employer.
Rgds..Kumar Anand
HR - SAMSUNG
From Korea
14It is correct that the employee must complete 5 years of services in order to be eligible for Gratuity payment.
HOWEVER
In one case, the Madras High Court has held that an employee rendering continuous service for a period of 240 days in a year, ie; the fifth year will be deemed to have continued in service for one year as stipulated by section 2A of the Act. Accordingly, an employee who has put in his service for 10 months, 18 days for the fifth year subsequent to first 4 years should be deemed to have completed continuous service of 5 years and is entitled for Gratiuty.
In your case your HR is right and you are not eligible for Gratuity payment. 240 days of continued service include actual working day for the employer.
Rgds..Kumar Anand
HR - SAMSUNG
From Korea
Dear Mr.Kumar Anand
The judgment of the Honourable High Court of Madras has binding effect on the Authorities under the Payment of Gratuity Act in Tamilnadu. If the High Courts of other States had passed similar judgments then the Authorities under the Payment of Gratuity Act in those States are bound by those judgments. Otherwise, the Madras High Court Judgment can be cited to persuade the Authorities to follow that decision.
With regards
From India, Madras
The judgment of the Honourable High Court of Madras has binding effect on the Authorities under the Payment of Gratuity Act in Tamilnadu. If the High Courts of other States had passed similar judgments then the Authorities under the Payment of Gratuity Act in those States are bound by those judgments. Otherwise, the Madras High Court Judgment can be cited to persuade the Authorities to follow that decision.
With regards
From India, Madras
dear it is your company paying gratuity after completion of 4 years and 190 days in fifth year but legally 5 years service is must to get entitle for gratuity.
From India, Delhi
From India, Delhi
Dear Friend, You have to complete 240 days in the fifth year to be eligible for Gratuity. Best Wishes, Vasant Nair
From India, Mumbai
From India, Mumbai
Dear Sir If the employee will be completed 230 days in the calender and 10 days his esi leave so that he will be eligible for Earned Leave ya Not. Regards
From India, Chandigarh
From India, Chandigarh
Dear Sir/Madam, Hello Sir/Madam,Good Mornig its my first query to you that I want to know the Gratutity Act for the A.Y.2012-13 or F.Y.2011-12.
From India, Ambala
From India, Ambala
IF the employee will the change the company after 5 or 6 years, gratutity service will contunue to another company or it will stop for that company only?
Do we need to apply for the gratutity after left the company or can continue to another aompany?
Regards,
cherry,HR
From India, Nagpur
Do we need to apply for the gratutity after left the company or can continue to another aompany?
Regards,
cherry,HR
From India, Nagpur
Dear All,
I have read in CiteHR and writing you in regard to payment of Gratuity Act.
I have join a Pvt Ltd company on 1st June 2005 as a Trainee Surveyor and as per Appointment Letter trainee period was for a period of 1 year.
Resign & relieved from job on 30Nov 2011 after fulfilling 1 month notice period.
Now my company is not ready to pay me the Grautity stating you were trainee till Feb 2007 (the date on which I have obtained surveyor and loss adjuster license) and so you dont complete 5 years in job the basic requirement for payment of Gratuity.
On this I have reverted them citing them as per Appointment letter I was trainee for period of 1 year and no where it was mentioned that you will considered trainee till you pass surveyor exam and obtain license from IRDA.
However even after my above reply company is not willing to pay me the GRATUITY.
Please advise me from above whether I am applicable for GRATUITY or not. I have not find anywhere that trainee period will not be considered for calculation of Grautity. Also employer differ from the Appointment terms.
Thanking you in advane.
Manoj
From United Arab Emirates, Abu Dhabi
I have read in CiteHR and writing you in regard to payment of Gratuity Act.
I have join a Pvt Ltd company on 1st June 2005 as a Trainee Surveyor and as per Appointment Letter trainee period was for a period of 1 year.
Resign & relieved from job on 30Nov 2011 after fulfilling 1 month notice period.
Now my company is not ready to pay me the Grautity stating you were trainee till Feb 2007 (the date on which I have obtained surveyor and loss adjuster license) and so you dont complete 5 years in job the basic requirement for payment of Gratuity.
On this I have reverted them citing them as per Appointment letter I was trainee for period of 1 year and no where it was mentioned that you will considered trainee till you pass surveyor exam and obtain license from IRDA.
However even after my above reply company is not willing to pay me the GRATUITY.
Please advise me from above whether I am applicable for GRATUITY or not. I have not find anywhere that trainee period will not be considered for calculation of Grautity. Also employer differ from the Appointment terms.
Thanking you in advane.
Manoj
From United Arab Emirates, Abu Dhabi
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc