Hi, I need help with two questions.
1. If an employee resigns just before completing 5 years (say 4 years and 11 months) and is serving the notice period when 5 years are completed, is he eligible for gratuity?
2. In similar circumstances, if the company pays him a basic salary but asks him not to serve the notice period. So, in effect, when he resigns after 4 years and 11 months, the company pays him 3 months' notice pay and asks him to hand over... What is the eligibility for gratuity?
From India, New Delhi
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1. If an employee resigns just before completing 5 years (say 4 years and 11 months) and is serving the notice period when 5 years are completed, is he eligible for gratuity?
2. In similar circumstances, if the company pays him a basic salary but asks him not to serve the notice period. So, in effect, when he resigns after 4 years and 11 months, the company pays him 3 months' notice pay and asks him to hand over... What is the eligibility for gratuity?
From India, New Delhi
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Hi,
Yes, the person is eligible for gratuity after the completion of the notice period. According to the new policy, any person who completes 4 years and 240 days of service in the organization is also eligible to receive gratuity benefits for layoff, leave with wages, sick leave, etc.
I hope this is clear.
Regards,
Leela
From India, Bangalore
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Yes, the person is eligible for gratuity after the completion of the notice period. According to the new policy, any person who completes 4 years and 240 days of service in the organization is also eligible to receive gratuity benefits for layoff, leave with wages, sick leave, etc.
I hope this is clear.
Regards,
Leela
From India, Bangalore
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Leela,
After resignation, the employee is ready to serve the notice period, and 4 years and 240 days will be completed. However, the employer doesn't allow the employee to serve after resignation, so the employee is not able to fulfill the above-mentioned condition. In that case, does the employee still get Gratuity?
Regards,
Gold
From Germany, Berlin
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1After resignation, the employee is ready to serve the notice period, and 4 years and 240 days will be completed. However, the employer doesn't allow the employee to serve after resignation, so the employee is not able to fulfill the above-mentioned condition. In that case, does the employee still get Gratuity?
Regards,
Gold
From Germany, Berlin
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Hi,
As per my knowledge, the act states that an individual who completes 5 calendar years of service is only eligible to receive gratuity benefits. However, you mention that as per the new policy, any person who completes 4 years and 240 days of service in the organization is also eligible to receive gratuity benefits in cases of layoff, leave with wages, sick leave, etc.
If you have any proof or evidence to support this claim, please post the same or provide a reference.
Regards,
Venkat
From India, Bangalore
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As per my knowledge, the act states that an individual who completes 5 calendar years of service is only eligible to receive gratuity benefits. However, you mention that as per the new policy, any person who completes 4 years and 240 days of service in the organization is also eligible to receive gratuity benefits in cases of layoff, leave with wages, sick leave, etc.
If you have any proof or evidence to support this claim, please post the same or provide a reference.
Regards,
Venkat
From India, Bangalore
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serving in notice period is also part of service. It will be considered for gratuity calculation.
From India, Lucknow
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From India, Lucknow
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Dear all,
For this point, you can take reference to the Madras High Court Judgment on Payment of Gratuity. Please find the attachment.
For any further clarification, you are always welcome to contact me at my email: prasanta061782@gmail.com.
Regards,
Prasanta Ray
From India, Calcutta
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For this point, you can take reference to the Madras High Court Judgment on Payment of Gratuity. Please find the attachment.
For any further clarification, you are always welcome to contact me at my email: prasanta061782@gmail.com.
Regards,
Prasanta Ray
From India, Calcutta
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YES, he is eligible to receive Gratuity as long as he has worked for a continuous period of 240 days in each of the five years. Please understand that if he is serving his Notice Period, that will also have to be taken into consideration, after all, he is working on all of those days.
Vasant Nair
From India, Mumbai
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Vasant Nair
From India, Mumbai
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I need The gradutity document fully so that it is easy for me to see and understand the procedure any one can help me in getting the document
From India
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From India
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Hi Mr. Prasanta Ray, Judgement copy is ok. Is there any amendament in Payment of Gratuity Act, 1972 with reference to this Judgement. Is the judgement applicable to all states? Regards venkat.
From India, Bangalore
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From India, Bangalore
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Dear All, As per me, employee gratuity period will be calculate till closing hours of his/her last working day. Regards, Kapil Kotwal
From India, Gurgaon
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From India, Gurgaon
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dear sir please tell me if a person join on dated 27/08/2010 and leave the job on dated 30/05/2015..........is he eligible for gratuity he has completed 4 years 9 month and 3 days please reply
From India, Siuri
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From India, Siuri
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Gratuity eligibility - I joined Aircel on January 2, 2015, but the company asked me to leave with August 16, 2019, being the last date. I completed 4 years, 7 months, and 15 days. However, due to insolvency, they gave me an exit letter. Am I eligible for gratuity?
From India, Coimbatore
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From India, Coimbatore
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Hi,
I have completed 4 years and 7 months, and I am planning to resign from my current job in my current company. The notice period is 2 months. Will I get my gratuity? Will they consider weekends and my paid leaves also for gratuity - 4 years 240 days?
From India, Guntur
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I have completed 4 years and 7 months, and I am planning to resign from my current job in my current company. The notice period is 2 months. Will I get my gratuity? Will they consider weekends and my paid leaves also for gratuity - 4 years 240 days?
From India, Guntur
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You have already completed 4 years and 7 months of service in your company. Now, if you are serving notice of resignation today, you shall be relieved from the company on 18/10/20. By that date, you shall be completing 4 years and 9 months, and you are fully entitled to receive payment of gratuity. The calculation of 240 working days is inclusive of weekly off, your paid leaves, and company-declared holidays, etc.
From India, Aizawl
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From India, Aizawl
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Withdrawl of Resignation and Notice period.doc
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