I have join one organisation in 2nd Jan 2012 but i have appointed in 1st March (This date only mention in payslip and records ) and i was resigned from that organisation in 14th Nov 2016. if i am eligible in gratuity ?
From India, Chennai
From India, Chennai
Dear Karthick,
From the date of your joining on 02-01-2012 till 28-02-2012 as you've mentioned, you worked almost for about 2 months. Whether salary for this period was paid to you? If so, what was the mode of disbursement - by cash or through bank? Whether a formal appointment orders was given to you by the management prior to or soon after your joining? Not withstanding the factual difference, as it is as of now, the onus of proof lies on you only for the documents show your date of joining as 01-03-2012 only. Even admitting your date of joining as 01-03-2012, you have rendered a total of 4 years, 8 months and 13 days of continuous service up to the date of your resignation on 14-11-2016 and thus notionally completed the minimum qualifying service for gratuity. If the Payment of Gratuity Act,1972 is applicable to the organization, you are certainly eligible and entitled to gratuity as per the Act since you had completed more than 240 days of service in the fifth year.
From India, Salem
6016From the date of your joining on 02-01-2012 till 28-02-2012 as you've mentioned, you worked almost for about 2 months. Whether salary for this period was paid to you? If so, what was the mode of disbursement - by cash or through bank? Whether a formal appointment orders was given to you by the management prior to or soon after your joining? Not withstanding the factual difference, as it is as of now, the onus of proof lies on you only for the documents show your date of joining as 01-03-2012 only. Even admitting your date of joining as 01-03-2012, you have rendered a total of 4 years, 8 months and 13 days of continuous service up to the date of your resignation on 14-11-2016 and thus notionally completed the minimum qualifying service for gratuity. If the Payment of Gratuity Act,1972 is applicable to the organization, you are certainly eligible and entitled to gratuity as per the Act since you had completed more than 240 days of service in the fifth year.
From India, Salem
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx