I joined the bank on 01-11-2006 and resigned on 30-07-2011. My last working day in the company was 30-09-2011. So, I worked for 4 years and 11 months. Will I get the gratuity amount? Please answer my query.
From India, Ludhiana
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From India, Ludhiana
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yes you are eligible. if you completed 240 days on the fifth year, u r eligible to get it. Sebastian
From India, Madras
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From India, Madras
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Yes, you are eligible for the gratuity benefit from the company since you were working with the company for 4 years and 240 days, which is the minimum tenure criteria for an employee to be eligible for the gratuity claim.
Regards,
Neelam
From India, Pune
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Regards,
Neelam
From India, Pune
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hi sebastinss i m too in same trouble....had completed 183 days in 5th year. just wanted to confirm that by any chance or any law enforcement gratuity can be availed. regards
From India, Pune
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From India, Pune
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You are not eligible to receive gratuity under the Payment of Gratuity Act, 1972.
Regards.
From India, Delhi
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Regards.
From India, Delhi
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Dear Vanshikajain12, you are not eligible for payment of gratuity as per the provisions of the Payment of Gratuity Act. There are different judgments stated by different courts, but it is very clear in the Act that if any employee's services are even one day short of completing 5 years of service, he/she will not be eligible for payment of gratuity.
Regards,
Dheeraj
From India, Delhi
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Regards,
Dheeraj
From India, Delhi
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Mr. roxidixy, 180 days is enough if you are worked 6 days in a week. please confirm with LIC member. Sebastian
From India, Madras
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From India, Madras
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Mr. roxi dixy, 180 days is enough if you have worked 6 day in a week. please confirm with LIC India.
From India, Madras
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From India, Madras
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Dear Sebastin Please elaborate your quote.... I m concern to receive gratuity from my Ex employer... Regards Rakesh
From India, Pune
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From India, Pune
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Mr. vanshikajain12, sorry, you are not eligible for gratuity. I agree with dheepree. As per the Gratuity Act 1972, one must work for 240 working days every year and complete 5 years of full service. However, if an employee faces death or permanent disablement, different rules apply. Since you have only completed 4 years, 10 months, and 29 days, you are not eligible for gratuity.
Regards,
Guru.
From India, Visakhapatnam
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Regards,
Guru.
From India, Visakhapatnam
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dear sir , Sorry for intrrupt. Actually you are right that who has worked 240 days in fourth year but now 270 days is necessary.
From India, Delhi
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From India, Delhi
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If someone gets terminated by the company. In that scenario, does the company is liable to pay gratuity in case the employee has completed 5+ years in employment. Regards Rajesh
From India, Delhi
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From India, Delhi
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Employee who has completed 5 years of service is eligible for gratuity payment whether it is a resignaiton or a termination.
From Australia
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From Australia
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Section 4: Payment of Gratuity
Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years:
- (a) on his superannuation, or
- (b) on his retirement or resignation, or
- (c) on his death or disablement due to accident or disease:
Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement.
Provided further that in the case of the death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs. Where any such nominees or heirs is a minor, the share of such minor shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.
Explanation: For the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement.
From Australia
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Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years:
- (a) on his superannuation, or
- (b) on his retirement or resignation, or
- (c) on his death or disablement due to accident or disease:
Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement.
Provided further that in the case of the death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs. Where any such nominees or heirs is a minor, the share of such minor shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.
Explanation: For the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement.
From Australia
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As per the Gratuity Rules, you are not eligible to receive the gratuity amount on completion of 4 years and 11 months. To become eligible for the gratuity amount, you have to complete a minimum of 5 years of service. Rounding off the months to the nearest year will be done once the employee is eligible for the gratuity amount. In other words, in your case, rounding off 11 months to 1 year to make it 5 years will not be done.
Regards,
Ajeet Kumar
From India, Mumbai
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Regards,
Ajeet Kumar
From India, Mumbai
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Same is my understanding. Rounding off cannot be considered for eligibility criteria, which should be a complete service of 5 years. Thereon, to calculate the total number of service beyond 5 years, rounding off can be applied.
Regards,
Gigi Mathew
From Australia
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Regards,
Gigi Mathew
From Australia
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When I was working with a logistics company, we provided gratuity for a person who served only 4.7 years. Kindly check with the HR department, as I heard that we can avail gratuity once we have completed more than 4.6 years. Please correct me if I'm wrong.
From India, Madras
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From India, Madras
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The Act stipulates the minimum requisites. There is no governance for a maximum limit. Companies are welcome to pay even the tax amount on behalf of the employee in case of gratuity exceeding the ceiling.
Thank you.
Regards.
From India, Madras
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Thank you.
Regards.
From India, Madras
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I appreciate your point of opinion. There are decisions given by the MAA High Court and the CCU High Court wherein it was stated that if someone has worked for 240 days in the 5th year, they are also eligible for gratuity. The MAA High Court decision is available on the internet; you can download it. I believe it's a 1999 decision. Kindly go through it and advise.
Since the PGA is a Central Act, the decision of the MAA High Court would apply to all of India, as far as I understand. Kindly clarify.
Kind Regards,
Rajeev Nangia
From India, Gurgaon
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Since the PGA is a Central Act, the decision of the MAA High Court would apply to all of India, as far as I understand. Kindly clarify.
Kind Regards,
Rajeev Nangia
From India, Gurgaon
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Greetings to all, May I know that Professionary period (6 months) also included for gratuity eligible period of 5 years service. Regards, M Venkatesan
From India, Madras
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From India, Madras
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I have a query. When we say 240 days each year, is that on average? I mean, if a person has worked for 200 days in the 5th year but 280 days in the 4th year, can we take an average of the two to be 240? Or does a person need to complete 240 days separately in each year?
Thanks,
Peonka
From India, Delhi
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Thanks,
Peonka
From India, Delhi
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Dear Rajeev, I have given my opinion on the following: "Hi Sebastinss, I am also in the same trouble... I had completed 183 days in the 5th year. I just wanted to confirm if by any chance or any law enforcement gratuity can be availed. Regards, I have never made any comments on 240 days working in the fifth year in this thread. The judgment of the Hon'ble Madras HC was reported as 1998 LLR 1072 (Mad H.C.) and I have already gone through it. In my opinion, the Controlling Authorities/Appellate Authorities under the PG Act are bound to consider this judgment for those under this particular High Court. Submitted as requested. Regards, R N Khola
Clarification on Gratuity Eligibility
Dear Mr. Khola, I appreciate your point of view. There are decisions given by MAA High Court and CCU High Court wherein it is stated that if someone has worked for 240 days in the 5th year, they are also eligible for gratuity. The MAA High Court decision is available on the internet, I believe it's from 1999. Kindly go through it and advise. PGA is a Central Act, so the decision of MAA High Court would apply to all India as far as I understand. Kindly clarify.
Kind Regards, Rajeev Nangia
From India, Delhi
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Clarification on Gratuity Eligibility
Dear Mr. Khola, I appreciate your point of view. There are decisions given by MAA High Court and CCU High Court wherein it is stated that if someone has worked for 240 days in the 5th year, they are also eligible for gratuity. The MAA High Court decision is available on the internet, I believe it's from 1999. Kindly go through it and advise. PGA is a Central Act, so the decision of MAA High Court would apply to all India as far as I understand. Kindly clarify.
Kind Regards, Rajeev Nangia
From India, Delhi
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yes you are eligible for gratuity because you have completed 4 years & 6 months in that company so claim for the amount refer Gratuity Act for the same.
From India, Nasik
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From India, Nasik
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Dear Yes, As per Gratuity Act, Minimum Eligible 4 years and 240 Days Previous company liable to pay the Gratuity. Your Eligible person right to claim person With regards, Balamurugan.L
From India, Kochi
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From India, Kochi
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[QUOTE=vanshikajain12;1678154] I JOINED THE BANK ON 01-11-2006 AND RESIGNED ON 30-07-2011. MY LAST WORKING DAY IN THE COMPANY WAS 30-09-2011. I WORKED FOR 4 YEARS AND 11 MONTHS. WILL I BE ELIGIBLE FOR GRATUITY AMOUNT? PLEASE ANSWER MY QUERY.
Gratuity Eligibility Clarification
According to the Gratuity Act, you need to have completed 5 years to be eligible for gratuity. However, it is at the employer's discretion whether they choose to provide it or not since you have not completed the full 5 years.
Hope this helps clarify your query. Thank you.
From India, Mumbai
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Gratuity Eligibility Clarification
According to the Gratuity Act, you need to have completed 5 years to be eligible for gratuity. However, it is at the employer's discretion whether they choose to provide it or not since you have not completed the full 5 years.
Hope this helps clarify your query. Thank you.
From India, Mumbai
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Employee has to complete continuous service of 5 years, but after the ruling of Madras High Court if there are 240 working days in the 5th year even then an employee is eligible for the gratuity.
From India, Mumbai
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From India, Mumbai
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It is correct that you must have completed 4 years and 240 days to avail the benefit of Gratuity. Even being one day short will deprive you of availing this benefit.
Thank you,
Regards,
Arshad Barkati
From India
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Thank you,
Regards,
Arshad Barkati
From India
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I fully agree with Mr. Dheeraj that there are different judgments stated by different courts, but it is very clear in the Act that if any employee's services are even one day short of completing 5 years of service, he/she will not be eligible for payment of gratuity.
Regards,
Dinesh
From India, Wardha
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Regards,
Dinesh
From India, Wardha
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Gratuity Eligibility Inquiry
If my service is completed for 10 years, and I have worked continuously for 240 days for five years, but in the sixth and seventh years, I did not complete 240 days each year, please confirm how many years will be considered to calculate the gratuity amount.
From India
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If my service is completed for 10 years, and I have worked continuously for 240 days for five years, but in the sixth and seventh years, I did not complete 240 days each year, please confirm how many years will be considered to calculate the gratuity amount.
From India
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I joined a construction company on 02-04-2007 and resigned on 01-01-2012. My last working day in the company was 30-01-2012, which means I worked for 4 years and 9 months. Will I receive a gratuity amount? Please answer my query.
From India, Hyderabad
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From India, Hyderabad
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc