A colleague of mine was working in an organization for 8 years, after 3.5 years he became permanent and after 4.5 years he resigned. But now the people of the administration are reluctant to give gratuity saying that it has been completed for only 4.5 years. is it ok? Please guide how he can get his gratuity.
From India, Mumbai
From India, Mumbai
Hi,
If there is no long break in between then Employer should consider 8 years of service for Gratuity. Hope your Colleague is having documentary evidence for 8 years of service. If the Employer is not considering the request of the employee even after application for Gratuity is submitted then please advise your colleague to appeal before Assistant Commissioner of Labour with copy of all employment related documentary evidence.
From India, Madras
919If there is no long break in between then Employer should consider 8 years of service for Gratuity. Hope your Colleague is having documentary evidence for 8 years of service. If the Employer is not considering the request of the employee even after application for Gratuity is submitted then please advise your colleague to appeal before Assistant Commissioner of Labour with copy of all employment related documentary evidence.
From India, Madras
Gratuity is due and payable for the continuous service in the firm, it is irrespective of the nature of the service. It could be temporary, provisional, probationary, even daily rated or casual or anything else but when there is continuity and there is no REAL BREAK IN SERVICE, the entire length of service is to be reckoned and gratuity paid. The law on this point is very clear, there is no escape from paying gratuity for the reported 8 years of continuous service. If there is any default (not paid within 30 days of termination of service), gratuity has to be paid with interest.
From India, Mumbai
From India, Mumbai
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf