I am serving notice period currently in a New Delhi-based company. I joined this company on 23rd Oct 2017, and my last working day with this company would be 23 Sep 2022. I know that it is 1 month short of completing 5 years, but I have got a good opportunity that I can't afford to miss. Please guide me on how I should ask the current employer for a gratuity of 4 years and 11 months. I am getting a feeling that the employer will not give my gratuity! Kindly guide me, please.
Regards,
Sneha Gupta
From India, New Delhi
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Regards,
Sneha Gupta
From India, New Delhi
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This is a provision of the Payment of Gratuity Act, 1972, Section 2A regarding continuous service.
(ii) Two hundred and forty days, in any other case;
(ii) He has been on leave with full wages earned in the previous year;
From India, Mumbai
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12(ii) Two hundred and forty days, in any other case;
(ii) He has been on leave with full wages earned in the previous year;
From India, Mumbai
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As per the Payment of Gratuity Act, an employee who has completed 5 years of continuous service is entitled to receive gratuity. Simultaneously, an employee who has worked at least 240 days in any period of 12 months is considered to have 'continuous service'. This criterion of 240 days has been interpreted as equivalent to one year of service. Consequently, an employee who has worked for four years and 240 days in the fourth year has been deemed to have completed 5 years of service by the High Courts of Madras and Kerala in separate judgments. For further reference, please see Sreeja Vs Regional Joint Labour Commissioner [2015 LLR 826] and Mettur Bearsell Ltd Vs Regional Labour Commissioner (Central), Madras. Attached are the relevant documents.
From India, Kannur
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From India, Kannur
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As suggested by Madhu ,yes you should get the gratuity but employer gives gratuity before completing 5 years of service as minimum criteria to become eligible
From India, Delhi
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From India, Delhi
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Generally in such cases employer should have a policy for gratuity payment
From India, Gurgaon
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From India, Gurgaon
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