Dear Sir,
In my present organization, I have completed 4 years, 10 months, and 15 days (from 2.8.10 to 16.6.10) and I have resigned and been relieved now.
The eligibility for receiving Gratuity is 5 years. Since I have completed 4 years and 10 months, am I eligible to avail the same?
Regards,
Jayajith
From India, Mumbai
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In my present organization, I have completed 4 years, 10 months, and 15 days (from 2.8.10 to 16.6.10) and I have resigned and been relieved now.
The eligibility for receiving Gratuity is 5 years. Since I have completed 4 years and 10 months, am I eligible to avail the same?
Regards,
Jayajith
From India, Mumbai
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Hi,
Gratuity is an amount given to employees by the employer when they leave the job after completing five years or a minimum of 240 days per year or after retirement. So, if you completed your 240 days a year, only then you can get the gratuity benefit.
For details, you can calculate your gratuity amount using the given formula. Gratuity is calculated as: Basic + DA divided by 26 * Number of years of service * 15.
Mayuri Jangam.
From India, Pune
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Gratuity is an amount given to employees by the employer when they leave the job after completing five years or a minimum of 240 days per year or after retirement. So, if you completed your 240 days a year, only then you can get the gratuity benefit.
For details, you can calculate your gratuity amount using the given formula. Gratuity is calculated as: Basic + DA divided by 26 * Number of years of service * 15.
Mayuri Jangam.
From India, Pune
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Dear Jayajith,
Yes, you are entitled to gratuity benefits. You have completed four years and ten months in the fifth year. As per the provisions of the Payment of Gratuity Act, 1972, you are entitled to receive gratuity benefits. You may refer to the Honorable Madras High Court Judgment (Honorable Judge Mr. SM Abdul Wahab. J) dated 12/06/1996, which ruled that an employee who has served for at least 240 days in the fifth year following the first four years should be deemed to have completed continuous service of five years and is eligible to claim gratuity.
Further, you have not clarified your date of joining and date of relieving in that particular organization.
Thanks,
From India, Pune
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1Yes, you are entitled to gratuity benefits. You have completed four years and ten months in the fifth year. As per the provisions of the Payment of Gratuity Act, 1972, you are entitled to receive gratuity benefits. You may refer to the Honorable Madras High Court Judgment (Honorable Judge Mr. SM Abdul Wahab. J) dated 12/06/1996, which ruled that an employee who has served for at least 240 days in the fifth year following the first four years should be deemed to have completed continuous service of five years and is eligible to claim gratuity.
Further, you have not clarified your date of joining and date of relieving in that particular organization.
Thanks,
From India, Pune
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Dear Sir, My date of Joing is 02-08-2005 & date of Leaving is 16-06-2010. In this period there is no Break other than Privilage Leaves taken. rgds Jayajith
From India, Mumbai
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From India, Mumbai
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At the time of appointment, company calculated gratuity in CTC and now employee is going to resign the job after 3.5 years. is it eligible for gratuity ? Please give the details.
From India, Vadodara
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From India, Vadodara
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Dear Mr. Rupesh123,
As the employee has not completed five years of continuous service, he is not entitled to gratuity under the Payment of Gratuity Act. If the appointment order issued to the employee at the time of his appointment prescribes a lesser period of service for entitlement to gratuity, then the employee will be eligible to receive gratuity if he had worked for that particular number of years. Otherwise, if the company has formulated gratuity rules which provide for the payment of gratuity for a fewer number of years of service, that is fewer than five years, then also the employee will be entitled to receive gratuity if he had worked for such years.
V. HARIKRISHNAN Joint Commissioner of Labour (Retired) Government of Tamilnadu Labour Law Consultant Chennai
From India, Madras
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As the employee has not completed five years of continuous service, he is not entitled to gratuity under the Payment of Gratuity Act. If the appointment order issued to the employee at the time of his appointment prescribes a lesser period of service for entitlement to gratuity, then the employee will be eligible to receive gratuity if he had worked for that particular number of years. Otherwise, if the company has formulated gratuity rules which provide for the payment of gratuity for a fewer number of years of service, that is fewer than five years, then also the employee will be entitled to receive gratuity if he had worked for such years.
V. HARIKRISHNAN Joint Commissioner of Labour (Retired) Government of Tamilnadu Labour Law Consultant Chennai
From India, Madras
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc