I have completed 4.8 month in current company.Now i want to change the job. Pls confirm I get or claim for gratuity or not..
From India, Delhi
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From India, Delhi
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I am working in current company from last 4 year & 8 month. Now i want to change the job . Pls confirm that I get the gratuity benefit or not. because since 4 month pending to complete the 5 years
From India, Delhi
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From India, Delhi
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Dear Rajesh U r not elibile for gratuity. What kavitha says is correct. You worked only 8 months. 240 working days may not come with in 8 months. Regards Alphonse
From India, Madras
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166From India, Madras
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Dear All, Its 240 continuous working days that includes official holidays and approved leaves also. So, Rajesh you are eligible to claim Gratuity.
From India, Hyderabad
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From India, Hyderabad
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You are not entitled to gratuity as you did not complete the required service of 5 years with your employer organization. To be eligible for gratuity, one should have completed 5 years of continuous service (not less than 240 days in every year) in a single organization. Only then will such a person receive gratuity. Of course, there are exemptions under the gratuity act for this rule with regard to deceased employees and persons who resigned due to sickness, etc., before completing 5 years of service. In such cases, continuous service of 5 years is not necessary, and the gratuity is to be paid for the actual number of years completed plus future liability in the case of the death of an employee.
Regards,
N.V. Rao
From India, Nellore
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Regards,
N.V. Rao
From India, Nellore
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You are not eligible for the payment of gratuity as five years of continuous service is necessary. Secondly, what Kavita stated is true, but keep in mind that 240 days should be the working days excluding weekends, leaves, and festival holidays.
Thanks and regards,
Sumit Kumar Saxena
[Phone Number Removed For Privacy Reasons]
From India, Ghaziabad
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Thanks and regards,
Sumit Kumar Saxena
[Phone Number Removed For Privacy Reasons]
From India, Ghaziabad
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You have to complete 5 years of service fully to get gratuity. In Tamil Nadu, the Madras High Court gave a verdict that 4 years and 240 days of work in the 5th year will be eligible for gratuity. Therefore, please wait and work for 4 more months to be eligible for gratuity.
Regards,
D. Gurumurthy
HR/IR Consultant
From India, Hyderabad
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Regards,
D. Gurumurthy
HR/IR Consultant
From India, Hyderabad
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Hello everybody, As i am outside of the country so in deep we dont callculate gratuity here but i want to know how to calculate it. Plz advice me.
From India, Mumbai
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From India, Mumbai
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As mentioned, you cannot claim gratuity if you are not entitled to it. To be eligible for gratuity, you need to have worked for at least 240 days (excluding weekly offs, paid holidays, etc.). An employer may choose to provide gratuity voluntarily based on your past performance in this regard.
From India, Surat
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From India, Surat
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Gratuity Continuation of Services
Gratuity continuation of services means one who works for 240 days in a year, including leaves and holidays. In your case, if you work for 240 days in the 5th year, then you will be eligible for gratuity. In law, judgment differs from case to case; no one can say in writing whether you are eligible or not. The past high court has given the judgment that one who works completely in the fifth year is eligible for the payment of gratuity.
In case the employer is not willing to pay, you can go legally and file a petition in the Industrial Tribunal Cum Addl. Labour Court of the jurisdiction of the employer. Also, considering the welfare of the employee, some companies pay the gratuity; in your case, it all depends on the employer and courts.
I hope this brings you insight to make a decision and to act accordingly.
Thanks,
Naresh
From India, Hyderabad
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Gratuity continuation of services means one who works for 240 days in a year, including leaves and holidays. In your case, if you work for 240 days in the 5th year, then you will be eligible for gratuity. In law, judgment differs from case to case; no one can say in writing whether you are eligible or not. The past high court has given the judgment that one who works completely in the fifth year is eligible for the payment of gratuity.
In case the employer is not willing to pay, you can go legally and file a petition in the Industrial Tribunal Cum Addl. Labour Court of the jurisdiction of the employer. Also, considering the welfare of the employee, some companies pay the gratuity; in your case, it all depends on the employer and courts.
I hope this brings you insight to make a decision and to act accordingly.
Thanks,
Naresh
From India, Hyderabad
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"Judgment from Supreme Court:
\"Yes, by virtue of the judgment of the Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal, [(1980) (4) S.C.C. 433)], it is enough that an employee has a service of 240 days in the preceding 12 months, and it is not necessary that he should have completed one whole year's service. As the definition of continuous service in the Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principle can be adopted under the act also. Hence, an employee rendering service of 4 years, 10 months, and 11 days is considered to have completed 5 years of continuous service under sec. 4(2) and thereby is eligible for gratuity.\""
From India, Mumbai
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\"Yes, by virtue of the judgment of the Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal, [(1980) (4) S.C.C. 433)], it is enough that an employee has a service of 240 days in the preceding 12 months, and it is not necessary that he should have completed one whole year's service. As the definition of continuous service in the Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principle can be adopted under the act also. Hence, an employee rendering service of 4 years, 10 months, and 11 days is considered to have completed 5 years of continuous service under sec. 4(2) and thereby is eligible for gratuity.\""
From India, Mumbai
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Entitlement for Gratuity
Entitlement for gratuity requires 5 years of continuous service in an organization. For the calculation of gratuity, you need not have less than 5 years of continuous service in an organization for the first 5 years.
The Act provides 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.
Regards,
Rajeev Kumar Saxena
[Phone Number Removed For Privacy Reasons]
From India, Madras
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Entitlement for gratuity requires 5 years of continuous service in an organization. For the calculation of gratuity, you need not have less than 5 years of continuous service in an organization for the first 5 years.
The Act provides 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.
Regards,
Rajeev Kumar Saxena
[Phone Number Removed For Privacy Reasons]
From India, Madras
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Dear Mr. Rajesh, As the act clearly says that one should put in continious service of 5 years to be eligible for gratuity, in such case one should have completed 5 years and nothing short of it.
From India, Madras
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From India, Madras
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Mr NV Rao is correct beacuse 5 year continous service is require for gratuity eligibility. in death and parmanent disablement this condition is not applicable
From India, Delhi
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From India, Delhi
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Yes, definitely you are eligible for gratuity as per the provisions of the Gratuity Act. As you mentioned, you have completed 4.8 years of continuous service in the company. In your case, the only thing to ensure is that you have worked for 240 days (including weekends, holidays, and paid leave) during the last 8 months. According to the act, 4.6 years and a minimum of 240 days of working attendance in the last year are considered as 5 years of continuous service and thus make you eligible for gratuity.
With Regards,
Gawas V
From India, Panaji
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With Regards,
Gawas V
From India, Panaji
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Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx
Less than 5 years service - Eligibility for payment of gratuity.pdf