Dear Sughumar R K
An year means, it is always 365 days even for gratuity calculation. For the first eligibility, it is a clear 365 x 5(year) days. 240 days is working days generally taken for EL eligibility in many companies and Gratuity act does not specify about considering 240 days. As you say, considering 240 days could be a specific case on specific grounds. Any time, before taking any decision the companies will have the option to take a legal opinion from their company Legal Advisors. Otherwise, it will be always legal to consider 365 days x 5 for the first eligibility.
Hope every one agrees with this.
Regards
K.Ramachandra
Bangalore
8An year means, it is always 365 days even for gratuity calculation. For the first eligibility, it is a clear 365 x 5(year) days. 240 days is working days generally taken for EL eligibility in many companies and Gratuity act does not specify about considering 240 days. As you say, considering 240 days could be a specific case on specific grounds. Any time, before taking any decision the companies will have the option to take a legal opinion from their company Legal Advisors. Otherwise, it will be always legal to consider 365 days x 5 for the first eligibility.
Hope every one agrees with this.
Regards
K.Ramachandra
Bangalore
Dear K.Ramachandra please tell me how withdraws P.F. continue job (job complication year Sixteen) if possible Regards Rajendra B.Patel
Dear Mr Rajendra
Hope your question is - regarding withdrawal of PF
There is a simple procedure to withdraw PF once you leave company.
1. Contact the conerned person in HR Department
2. Fill-in Form 19 (give your SB Account No.) & also Form 10-C in case your service is more than 6 months & less than 10 years.
3. The HR department will get it attested from the authorised signatory of the company
4. The form will be sent by HR department to concerned PF office for settlement (in case you want to hand it over personally to PF office, you may do so)
5. The amount will be credited to your SB account directly by PF office - say by 1.5 to 2 months
the application has to be submitted after completion of 2 months on resigning and immediately on retirement
In case you have joined some other company, you have the option to transfer the PF amount to your new account. For this, you may contact the present employer and fill-up Form 13 for transfer of PF accumulations.
Regards
K.Ramachandra
Bangalore
Hope your question is - regarding withdrawal of PF
There is a simple procedure to withdraw PF once you leave company.
1. Contact the conerned person in HR Department
2. Fill-in Form 19 (give your SB Account No.) & also Form 10-C in case your service is more than 6 months & less than 10 years.
3. The HR department will get it attested from the authorised signatory of the company
4. The form will be sent by HR department to concerned PF office for settlement (in case you want to hand it over personally to PF office, you may do so)
5. The amount will be credited to your SB account directly by PF office - say by 1.5 to 2 months
the application has to be submitted after completion of 2 months on resigning and immediately on retirement
In case you have joined some other company, you have the option to transfer the PF amount to your new account. For this, you may contact the present employer and fill-up Form 13 for transfer of PF accumulations.
Regards
K.Ramachandra
Bangalore
Mine is a similar case where I had completed 5 years of employment with an Indian IT company. Project required me to go onsite to Europe to coordinate the project during my last 1 and half years.So i was given a secondment contract and payroll transfer to Europe. I decided to quit my organization at onsite after 5 years of employment.
No where in the contract or company documents mentions that you will be deprived of your gratuity amount after working onsite.
One of the HR person talked to me on the phone stating 'You will not receive the gratuity since you were working onsite.However he also agreed that its no where mentioned in the any contract.
So i had asked them to mention the same in writing in an email.
Could you confirm whether i am eligible for Gratuity?
Could you also guide me how to proceed further if they decline paying me the Gratuity amount?
From Denmark, Copenhagen
No where in the contract or company documents mentions that you will be deprived of your gratuity amount after working onsite.
One of the HR person talked to me on the phone stating 'You will not receive the gratuity since you were working onsite.However he also agreed that its no where mentioned in the any contract.
So i had asked them to mention the same in writing in an email.
Could you confirm whether i am eligible for Gratuity?
Could you also guide me how to proceed further if they decline paying me the Gratuity amount?
From Denmark, Copenhagen
Dear Francisda,
only if you can let us know the contract and its terms and conditions, it would be clear to give a proper guidance.
If it is not confidential, you may post it.
Regards
K.Ramachandra
Bangalore
only if you can let us know the contract and its terms and conditions, it would be clear to give a proper guidance.
If it is not confidential, you may post it.
Regards
K.Ramachandra
Bangalore
Thank you so much K.Ramachandra for your reply.
Today I spoke to my ex employer HR would told me that 'As per the process, since i have resigned at onsite
I would not be eligible for gratuity'.However no were in the contract or SOP's, anything about Gratuity was stated.
Kindly help me with the channel to follow later.
In my contract, the below were the points mentioned:
Duration:
The assignment will be for an initial period of 3 Months.
Should there be changes to business requirements by accepting this assignment
you agree to changes to your secondment including but not limited to:
• Changes to the duration of the assignment
• Transfer to another client account subject to immigration papers being in
place
• Returning to your place of work in India
Amendment:
All the above terms are as per our current policies and practices and may be
amended from time to time. You will be informed of any amendments and will be
governed by the changed rules of the Company
While on deputation you will continue to be governed by all other service
conditions and rules of the Company as framed from time to time.
I also had an Employment Contract as per Danish laws for the Work Permit.
Currently I am working in Denmark.
Regards,
Francis
From Denmark, Copenhagen
Today I spoke to my ex employer HR would told me that 'As per the process, since i have resigned at onsite
I would not be eligible for gratuity'.However no were in the contract or SOP's, anything about Gratuity was stated.
Kindly help me with the channel to follow later.
In my contract, the below were the points mentioned:
Duration:
The assignment will be for an initial period of 3 Months.
Should there be changes to business requirements by accepting this assignment
you agree to changes to your secondment including but not limited to:
• Changes to the duration of the assignment
• Transfer to another client account subject to immigration papers being in
place
• Returning to your place of work in India
Amendment:
All the above terms are as per our current policies and practices and may be
amended from time to time. You will be informed of any amendments and will be
governed by the changed rules of the Company
While on deputation you will continue to be governed by all other service
conditions and rules of the Company as framed from time to time.
I also had an Employment Contract as per Danish laws for the Work Permit.
Currently I am working in Denmark.
Regards,
Francis
From Denmark, Copenhagen
Dear Mr Francis
Based on the details given by you, you may take following action:
The contract points indicated by you are general in nature and does not specify the monetary benefits payable to you (including gratuity). Payment of gratuity need not be indicated in the appointment letter. But the question is were you taken as an employee by the company or otherwise (what was your designation). Any way from the brief points you have indicated, following points be noted and action can be taken:
1. Since you have completd 5 years, you will be eligible for gratuity
2. If you are taken on employment on company rolls,you ought to get your gratuity. Nobody can stop this and say no to you.
3. If you are taken for a specific project as consultant/advisor, you will not be elgible for gratuity
4. You may take up this issue with your employer and the govt.authority
5. Write a simple letter to your company indicating the service details, period of work, etc., and seeking gratuity amount.
6. Wait for a reply - may be 15 days
7. If there is no reply or a 'no' comes from your ex.employer, you may write a letter to the Gratuity Authority (Asst Labour Commissioner of your area) with a copy of the letter written to the company. In case the company is covered under Central Gratuity authority, there will be a different office controlled by Central Government for Gratuity in your area (take an acknowledgement from the office)
8. The gratuity authority will send a notice to the company based on your letter and calls for records and will do the needful.
Hope this would suffice.
Regards & all the best,
K.Ramachandra
Bangalore
Based on the details given by you, you may take following action:
The contract points indicated by you are general in nature and does not specify the monetary benefits payable to you (including gratuity). Payment of gratuity need not be indicated in the appointment letter. But the question is were you taken as an employee by the company or otherwise (what was your designation). Any way from the brief points you have indicated, following points be noted and action can be taken:
1. Since you have completd 5 years, you will be eligible for gratuity
2. If you are taken on employment on company rolls,you ought to get your gratuity. Nobody can stop this and say no to you.
3. If you are taken for a specific project as consultant/advisor, you will not be elgible for gratuity
4. You may take up this issue with your employer and the govt.authority
5. Write a simple letter to your company indicating the service details, period of work, etc., and seeking gratuity amount.
6. Wait for a reply - may be 15 days
7. If there is no reply or a 'no' comes from your ex.employer, you may write a letter to the Gratuity Authority (Asst Labour Commissioner of your area) with a copy of the letter written to the company. In case the company is covered under Central Gratuity authority, there will be a different office controlled by Central Government for Gratuity in your area (take an acknowledgement from the office)
8. The gratuity authority will send a notice to the company based on your letter and calls for records and will do the needful.
Hope this would suffice.
Regards & all the best,
K.Ramachandra
Bangalore
Hi All,
I Worked for an leading IT service company in Bangalore for 5 yrs 9 mos and i'm in notice period now. After 3.5 yrs in India , I was transferred to U.S on work permit with the same company and returned back to same India Company after 1.5 years. In My India CTC also include Gratuity.
My company policies state, only India service is considered for Gratuity. I think I will also be not paid Gratuity though I served the company for close to 6 years.My relieving letter states continuous service for 5 yr 9 mos.
Im not sure if this Gratuity is completely governed by Govt. Labour laws or Partially influenced by Companies. Because some companies even pay for 3 years of service.
I'm completely amazed by my company policy for not paying me Gratuity after serving close to 6 years.I din't go to Onsite on my own wish or any vacation,
Please share your experiences and course of action.
Thanks
Mohan
From India, Bangalore
I Worked for an leading IT service company in Bangalore for 5 yrs 9 mos and i'm in notice period now. After 3.5 yrs in India , I was transferred to U.S on work permit with the same company and returned back to same India Company after 1.5 years. In My India CTC also include Gratuity.
My company policies state, only India service is considered for Gratuity. I think I will also be not paid Gratuity though I served the company for close to 6 years.My relieving letter states continuous service for 5 yr 9 mos.
Im not sure if this Gratuity is completely governed by Govt. Labour laws or Partially influenced by Companies. Because some companies even pay for 3 years of service.
I'm completely amazed by my company policy for not paying me Gratuity after serving close to 6 years.I din't go to Onsite on my own wish or any vacation,
Please share your experiences and course of action.
Thanks
Mohan
From India, Bangalore
Dear Mohan
You are undoubtedly eligible for gratuity; you have worked for an Indian company and the company cannot make its rule to pay gratuity. As long as you are on the rolls of your company and unless your services are terminated, the company cannot say only for the period you have worked in India, you will be paid gratuity. Please clarify whether the work permit or transfer happened, keeping you on the rolls of the company or your employment was terminated and then you have been issued fresh letter? As long as it is a transfer, for gratutiy, it willbe continous service and company will have to pay gratuity. Remember, the Gratuity Authority is always there to help you !!
Regards
K.Ramachandra
Bangalore
You are undoubtedly eligible for gratuity; you have worked for an Indian company and the company cannot make its rule to pay gratuity. As long as you are on the rolls of your company and unless your services are terminated, the company cannot say only for the period you have worked in India, you will be paid gratuity. Please clarify whether the work permit or transfer happened, keeping you on the rolls of the company or your employment was terminated and then you have been issued fresh letter? As long as it is a transfer, for gratutiy, it willbe continous service and company will have to pay gratuity. Remember, the Gratuity Authority is always there to help you !!
Regards
K.Ramachandra
Bangalore
I am afraid you gave got it wrong. An employee who has put in 240 days of continuous service in a year, in an organization is entitled to payment of Gratuity under the provisions of Payment of Gratuity Act.
Under no labour law "365 days" is taken into consideration for ascertaining entitlement of any kind of benefit.
Please read your basic books on Labour Laws carefully.
Best Wises,
Vasant Nair
From India, Mumbai
Under no labour law "365 days" is taken into consideration for ascertaining entitlement of any kind of benefit.
Please read your basic books on Labour Laws carefully.
Best Wises,
Vasant Nair
From India, Mumbai
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc