Somebody please help me for this question.I have completed my 5 years after joining date in a company.So am i eligible for the Gratuity?
From India, Mumbai
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3From India, Mumbai
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Dear Mr. NP,
Yes, gratuity will attract those 3 months of probation as well. It starts from the day when you joined, and the number of years counted accordingly from the day you joined the organization.
Regards,
Amit Seth.
From India, Ahmadabad
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Yes, gratuity will attract those 3 months of probation as well. It starts from the day when you joined, and the number of years counted accordingly from the day you joined the organization.
Regards,
Amit Seth.
From India, Ahmadabad
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Hi,
When an employer has regularized your services after 3 months of probation, it implies you have satisfactorily completed your services with the employer. Therefore, the probation period is also taken into consideration for the 5-year eligibility period for gratuity. So, you are eligible.
Mohan Rao
Manager HR
From India, Visakhapatnam
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When an employer has regularized your services after 3 months of probation, it implies you have satisfactorily completed your services with the employer. Therefore, the probation period is also taken into consideration for the 5-year eligibility period for gratuity. So, you are eligible.
Mohan Rao
Manager HR
From India, Visakhapatnam
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Hi, yes, you are eligible for Gratuity. The same will be paid to you on retirement or resignation. You can apply for Gratuity claim immediately after resignation, and the employer has to pay the same within 30 days from the date of the claim form. Otherwise, he will have to pay interest on it. If the employer refuses the payment to you, you can file a complaint before the labor commissioner in your area where your office is situated, and he will send a notice to your employer for payment.
From India, Pune
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From India, Pune
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If you have completed 5 years of continuous service with the organization, you are eligible to receive gratuity. For details of the amount you are eligible to receive, please refer to the Gratuity Act in combination with your company's policy.
From India, Delhi
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From India, Delhi
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Gratuity is payable once you complete continuous employment of 5 years in a company. The period of 5 years includes the probationary period as well. Incidentally, when one gets confirmed after successful completion of the probationary period, it implies confirmation from the date of joining.
Best Wishes, Vasant Nair
From India, Mumbai
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Best Wishes, Vasant Nair
From India, Mumbai
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Yes ofcourse you are entitled for gratuity, as you have completed 5 years, after two years normally one is entitled for gratuity. regards Lovekhusi
From Saudi Arabia, Jiddah
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From Saudi Arabia, Jiddah
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Hi,
Gratuity will be paid to you with effect from the date of your joining the organization. The probation period is automatically covered in five years because if the probation period has been completed, it means the company was satisfied with your performance. Therefore, your gratuity should be considered from the first day of the job.
From India, New Delhi
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Gratuity will be paid to you with effect from the date of your joining the organization. The probation period is automatically covered in five years because if the probation period has been completed, it means the company was satisfied with your performance. Therefore, your gratuity should be considered from the first day of the job.
From India, New Delhi
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Hi If your company is subscribed to employees group graturity fund you are eligible for gratuity payment, the benefits will be available to you on resignation / retirement / severance of service.
From India, Hyderabad
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From India, Hyderabad
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Is gratuity payable only in full and final settlement OR we can ask for gratuity after completion of 5 years. Please advice.
From India, Mumbai
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From India, Mumbai
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(Fact Checked)-The Gratuity Act allows employees to receive gratuity after completing 5 years of continuous service, regardless of full and final settlement. You can claim gratuity after 5 years of service. (1 Acknowledge point)
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If you had joined the Organisation at Payroll as per term & condition of your Appointment letter sice your begaining, than probation period will be calculated in the tanure of 5 years. Thanx Ramesh
From India, Mumbai
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From India, Mumbai
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But some organisations say that their employees are eligible for gratuity after 10 years, especially teaching establishments. They also mention it in their contract. Please clarify on this aspect.
From India, New Delhi
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From India, New Delhi
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Dear Mr. NP,
As per law, an employee is eligible for payment of gratuity after completion of 5 years of service, which includes probation as well. Furthermore, even if the employee worked for 4 years and 240 days in the 5th year, then also he is eligible to get gratuity. It is statutory. It shall be paid within 30 days from the date of relief from service, failing which you can file a petition before the Asst/Deputy Commissioner of Labor in your area.
Regards,
A. Elangovan
From India, Madras
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As per law, an employee is eligible for payment of gratuity after completion of 5 years of service, which includes probation as well. Furthermore, even if the employee worked for 4 years and 240 days in the 5th year, then also he is eligible to get gratuity. It is statutory. It shall be paid within 30 days from the date of relief from service, failing which you can file a petition before the Asst/Deputy Commissioner of Labor in your area.
Regards,
A. Elangovan
From India, Madras
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(Fact Checked)-The user's reply is correct regarding gratuity eligibility after 5 years of service, including probation period, and the statutory requirement for payment within 30 days. No amendment needed. (1 Acknowledge point)
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Hi, Please go through the attachment, I am sure you will get an answer for all your Question’s Anita
From India, Mumbai
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From India, Mumbai
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Dear NP,
It is clear in the act that 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, either on his superannuation, retirement, or resignation, or in the event of his death or disablement due to accident or disease. Therefore, you are eligible for gratuity.
Regards,
Bhupesh
From India, Pune
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It is clear in the act that 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, either on his superannuation, retirement, or resignation, or in the event of his death or disablement due to accident or disease. Therefore, you are eligible for gratuity.
Regards,
Bhupesh
From India, Pune
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(Fact Checked)-The user's reply is correct. Employees are eligible for gratuity after completing five years of continuous service as per the Payment of Gratuity Act. Thank you for the accurate information and guidance. (1 Acknowledge point)
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If you have completed 5 years of continuous service with your organization, then you are eligible for gratuity when you would be leaving your organization or at the time of retirement or superannuation. Even some organizations have their own laws where they can pay gratuity even after completion of 1 year, for example, Airtel.
Regards,
Amit
From India, Delhi
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Regards,
Amit
From India, Delhi
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It is not TWO years. It is FIVE years of continuous employment, and gratuity is payable only when the employee leaves the organization. Please make it a habit to read for a proper understanding of at least the basic labor laws.
Vasant Nair
From India, Mumbai
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Vasant Nair
From India, Mumbai
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You are eligible to get gratuity for the years subject to completion of 240 days according to gratuity act.
From India, Hyderabad
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From India, Hyderabad
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Hi Dear,
Please read the Payment of Gratuity Act, 1972, to clear your doubts. It clearly mentions that when an employee completes his/her employment in an organization without any break, then he/she will be eligible for Payment of Gratuity.
Regards,
Ritu Bhatnagar
From India, Delhi
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Please read the Payment of Gratuity Act, 1972, to clear your doubts. It clearly mentions that when an employee completes his/her employment in an organization without any break, then he/she will be eligible for Payment of Gratuity.
Regards,
Ritu Bhatnagar
From India, Delhi
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(Fact Checked)-The information provided in the user's reply is mostly correct. However, it would be beneficial to specify that under the Payment of Gratuity Act 1972, an employee becomes eligible for gratuity after completing five years of continuous service in an organization. Additionally, the Act defines the conditions for gratuity eligibility, including the absence of any breaks in service during the five-year period. Thank you for your input! (1 Acknowledge point)
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you are eligible for gratuity yar after completing 2 years and 275 days you are eligible for gratuity
From India, Pondicherry
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From India, Pondicherry
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Hi,
As per the Payment of Gratuity Act, you are eligible for gratuity, which is calculated at the rate of (15/26) * completed years of service and the wage component of Basic + DA proportionate to that. The calculated factor should be given as gratuity.
However, if the employer wishes, they can give an amount over and above the calculated sum at their discretion.
Regards, Premson
From India, Mangaluru
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As per the Payment of Gratuity Act, you are eligible for gratuity, which is calculated at the rate of (15/26) * completed years of service and the wage component of Basic + DA proportionate to that. The calculated factor should be given as gratuity.
However, if the employer wishes, they can give an amount over and above the calculated sum at their discretion.
Regards, Premson
From India, Mangaluru
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(Fact Checked)-The information provided in the user reply is correct as per the Payment of Gratuity Act. Employees are eligible for gratuity after completing 5 years of continuous service, calculated based on the formula mentioned. Thank you for the detailed explanation. (1 Acknowledge point)
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Hi All,
Somebody please help me with this question. I have completed my 5 years after the joining date in a company. So, am I eligible for the Gratuity?
Reply to me...
Yes, you are entitled to Gratuity. Since Gratuity is a lump sum payment to an employee when he retires or leaves service, it is basically a retirement benefit for an employee so that they can live comfortably after retirement. However, under the Gratuity Act, gratuity is payable even to an employee who resigns after completing at least 5 years of service.
From India, Bahadurgarh
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Somebody please help me with this question. I have completed my 5 years after the joining date in a company. So, am I eligible for the Gratuity?
Reply to me...
Yes, you are entitled to Gratuity. Since Gratuity is a lump sum payment to an employee when he retires or leaves service, it is basically a retirement benefit for an employee so that they can live comfortably after retirement. However, under the Gratuity Act, gratuity is payable even to an employee who resigns after completing at least 5 years of service.
From India, Bahadurgarh
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(Fact Checked)-The user's reply is correct. Gratuity is payable to an employee who resigns after completing at least 5 years of service, as per the Gratuity Act. (1 Acknowledge point)
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Hi
Gratuity is a lump sum payment to employee when he retires or leaves service. It is basically a retirement benefit to an employee so that he can live life comfortably after retirement. However, under Gratuity Act, gratuity is payable even to an employee who resigns after completing at least 5 years of service.
In DTC Retired Employees v. Delhi Transport Corporation 2001(4) SCALE 30 = 2001 AIR SCW 2005, it was observed that gratuity is essentially a retiring benefit which as per Statute has been made applicable on voluntary resignation as well. Gratuity is reward for good, efficient and faithful service rendered for a considerable period.
Act provides for minimum gratuity only – The Gratuity Act provides only for minimum gratuity payable. If employee has right to receive higher gratuity under a contract or under an award, the employee is entitled to get higher gratuity. [section 4(5)].
Employers liable under the scheme - The Act applies to every factory, mine, plantation, port, and railway company. It also applies to every shop and establishment where 10 or more persons are employed or were employed on any day in preceding 12 months. [section1(3)]. Since the Act is also applicable to all shops and establishments, it will apply to motor transport undertakings, clubs, chambers of commerce and associations, local bodies, solicitor’s offices etc. , if they are employing 10 or more persons.
Employees eligible for gratuity – ’Employee’ means any person (other than apprentice) employed on wages in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work, whether terms of such employment are express or implied, and whether such person is employed in a managerial or administrative capacity. However, it does not include any Central/State Government employee. [section 2(e)]. Thus, the Act is applicable to all employees - workers as well as persons employed in administrative and managerial capacity.
Gratuity is payable to a person on (a) resignation (b) termination on account of death or disablement due to accident or disease (c) retirement (d) death. Normally, gratuity is payable only after an employee completes five years of continuous service. In case of death and disablement, the condition of minimum 5 years’ service is not applicable. [section 4(1)].
The Act is applicable to all employees, irrespective of the salary.
Amount of gratuity payable - Gratuity is payable @ 15 days wages for every year of completed service. In the last year of service, if the employee has completed more than 6 months, it will be treated as full year for purpose of gratuity. - - In case of seasonal establishment, gratuity is payable @ 7 days wages for each season. [section 4(2)].
Wages shall consist of basic plus D.A, as per last drawn salary. However, allowances like bonus, commission, HRA, overtime etc. are not to be considered for calculations. [section 2(s)].
In case of employees paid on monthly wages basis, per day wages should be calculated by dividing monthly salary by 26 days to arrive at daily wages e.g. if last drawn salary of a person (basic plus DA) is Rs. 2,600 per month, his salary per day will be Rs. 100 (2,600 divided by 100). Thus, the employee is entitled to get Rs. 1,500 [15 days multiplied by Rs. 100 daily salary] for every year of completed service. If he has completed 30 years of service, he is entitled to get gratuity of Rs. 45,000 (Rs. 1,500 multiplied by 30). Maximum gratuity payable under the Act is Rs. 3.50 lakhs (the ceiling was Rs. 1,00,000 which was increased to 2.50 lakhs on 24.9.97 by an ordinance which was later increased to Rs 3.50 lakhs while converting the ordinance into Act].
Maximum gratuity payable – Maximum gratuity payable is Rs 3.50 lakhs. [Section 4(3)]. [Of course, employer can pay more. Employee has also right to get more if obtainable under an award or contract with employer, as made clear in section 4(5)].
Income-Tax exemption - Gratuity received upto Rs. 3.50 lakhs is exempt from Income Tax. Gratuity paid above that limit is taxable. [section 10(10) of Income Tax Act]. - - However, employee can claim relief u/s 89 in respect of the excess amount.
No Compulsory insurance of gratuity liability – Section 4A provides that every employer must obtain insurance of his gratuity liability with LIC or any other insurer. However, Government companies need not obtain such insurance. If an employee is already member of gratuity fund established by an employer, he has option to continue that arrangement. If an employer employing more than 500 persons establishes an approved gratuity fund, he need not obtain insurance for gratuity liability. - - However, this section has not yet been brought into force. Hence, presently, such compulsory insurance is not necessary.
Gratuity cannot be attached - Gratuity payable cannot be attached in execution of any decree or order of any civil, revenue or criminal court, as per section 13 of the Act
Regards
Arun K Mishra
From India, Bahadurgarh
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Gratuity is a lump sum payment to employee when he retires or leaves service. It is basically a retirement benefit to an employee so that he can live life comfortably after retirement. However, under Gratuity Act, gratuity is payable even to an employee who resigns after completing at least 5 years of service.
In DTC Retired Employees v. Delhi Transport Corporation 2001(4) SCALE 30 = 2001 AIR SCW 2005, it was observed that gratuity is essentially a retiring benefit which as per Statute has been made applicable on voluntary resignation as well. Gratuity is reward for good, efficient and faithful service rendered for a considerable period.
Act provides for minimum gratuity only – The Gratuity Act provides only for minimum gratuity payable. If employee has right to receive higher gratuity under a contract or under an award, the employee is entitled to get higher gratuity. [section 4(5)].
Employers liable under the scheme - The Act applies to every factory, mine, plantation, port, and railway company. It also applies to every shop and establishment where 10 or more persons are employed or were employed on any day in preceding 12 months. [section1(3)]. Since the Act is also applicable to all shops and establishments, it will apply to motor transport undertakings, clubs, chambers of commerce and associations, local bodies, solicitor’s offices etc. , if they are employing 10 or more persons.
Employees eligible for gratuity – ’Employee’ means any person (other than apprentice) employed on wages in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work, whether terms of such employment are express or implied, and whether such person is employed in a managerial or administrative capacity. However, it does not include any Central/State Government employee. [section 2(e)]. Thus, the Act is applicable to all employees - workers as well as persons employed in administrative and managerial capacity.
Gratuity is payable to a person on (a) resignation (b) termination on account of death or disablement due to accident or disease (c) retirement (d) death. Normally, gratuity is payable only after an employee completes five years of continuous service. In case of death and disablement, the condition of minimum 5 years’ service is not applicable. [section 4(1)].
The Act is applicable to all employees, irrespective of the salary.
Amount of gratuity payable - Gratuity is payable @ 15 days wages for every year of completed service. In the last year of service, if the employee has completed more than 6 months, it will be treated as full year for purpose of gratuity. - - In case of seasonal establishment, gratuity is payable @ 7 days wages for each season. [section 4(2)].
Wages shall consist of basic plus D.A, as per last drawn salary. However, allowances like bonus, commission, HRA, overtime etc. are not to be considered for calculations. [section 2(s)].
In case of employees paid on monthly wages basis, per day wages should be calculated by dividing monthly salary by 26 days to arrive at daily wages e.g. if last drawn salary of a person (basic plus DA) is Rs. 2,600 per month, his salary per day will be Rs. 100 (2,600 divided by 100). Thus, the employee is entitled to get Rs. 1,500 [15 days multiplied by Rs. 100 daily salary] for every year of completed service. If he has completed 30 years of service, he is entitled to get gratuity of Rs. 45,000 (Rs. 1,500 multiplied by 30). Maximum gratuity payable under the Act is Rs. 3.50 lakhs (the ceiling was Rs. 1,00,000 which was increased to 2.50 lakhs on 24.9.97 by an ordinance which was later increased to Rs 3.50 lakhs while converting the ordinance into Act].
Maximum gratuity payable – Maximum gratuity payable is Rs 3.50 lakhs. [Section 4(3)]. [Of course, employer can pay more. Employee has also right to get more if obtainable under an award or contract with employer, as made clear in section 4(5)].
Income-Tax exemption - Gratuity received upto Rs. 3.50 lakhs is exempt from Income Tax. Gratuity paid above that limit is taxable. [section 10(10) of Income Tax Act]. - - However, employee can claim relief u/s 89 in respect of the excess amount.
No Compulsory insurance of gratuity liability – Section 4A provides that every employer must obtain insurance of his gratuity liability with LIC or any other insurer. However, Government companies need not obtain such insurance. If an employee is already member of gratuity fund established by an employer, he has option to continue that arrangement. If an employer employing more than 500 persons establishes an approved gratuity fund, he need not obtain insurance for gratuity liability. - - However, this section has not yet been brought into force. Hence, presently, such compulsory insurance is not necessary.
Gratuity cannot be attached - Gratuity payable cannot be attached in execution of any decree or order of any civil, revenue or criminal court, as per section 13 of the Act
Regards
Arun K Mishra
From India, Bahadurgarh
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(Fact Checked)-The user's reply is accurate and provides comprehensive information on gratuity eligibility and regulations, including Supreme Court references. (1 Acknowledge point)
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Hi,
The applicability of the Gratuity Act depends on:
1) The applicability of the act with respect to the nature of the organization you are working in (Private/Government).
2) You mentioned that you have been with the company for five years. However, your service should constitute Continuous Service (uninterrupted services include lay off, leaves, and leave with wages).
Regards,
Sweta
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The applicability of the Gratuity Act depends on:
1) The applicability of the act with respect to the nature of the organization you are working in (Private/Government).
2) You mentioned that you have been with the company for five years. However, your service should constitute Continuous Service (uninterrupted services include lay off, leaves, and leave with wages).
Regards,
Sweta
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Dear Friend,
It's your right to ask for the Gratuity. You can now claim Gratuity because you were in the company for 5 years. It starts from your date of joining so don't worry about the probation period. This will not play any role in the Gratuity calculation.
Regards,
David P.
MBA-HR
From India
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It's your right to ask for the Gratuity. You can now claim Gratuity because you were in the company for 5 years. It starts from your date of joining so don't worry about the probation period. This will not play any role in the Gratuity calculation.
Regards,
David P.
MBA-HR
From India
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ofcourse, As you completed 5 years, you are eligible for gratuity. your probation period included in your total job period.
From India, Vadodara
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From India, Vadodara
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I have a doubt... like in appointment letters of our company, we mention that payment is applicable as per the Gratuity Act, subject to retirement or death of the employee.
Question 1: Does that mean only in these two cases the employer shall pay gratuity?
Question 2: We don't have any gratuity fund as mentioned above. In these circumstances too, does the employer need to pay?
Regards, Neha
From India, Chandigarh
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Question 1: Does that mean only in these two cases the employer shall pay gratuity?
Question 2: We don't have any gratuity fund as mentioned above. In these circumstances too, does the employer need to pay?
Regards, Neha
From India, Chandigarh
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(Fact Checked)-The mention in the appointment letter regarding payment subject to retirement or death doesn't limit gratuity eligibility. Employers must pay gratuity as per the Payment of Gratuity Act, regardless of the existence of a gratuity fund. (1 Acknowledge point)
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dear you are eligible for gratutity. calculation start from the biginning i.e. your joining date to final settlement date. regards/tm
From India, Ahmadabad
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From India, Ahmadabad
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Dear NP,
According to the Shops and Establishment Act, 240 days employees want to work, i.e., so you have to complete (240*5). If you have worked for those many days, it means you are applicable to get Gratuity as per company norms.
Regards, Malini
From India, Hyderabad
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According to the Shops and Establishment Act, 240 days employees want to work, i.e., so you have to complete (240*5). If you have worked for those many days, it means you are applicable to get Gratuity as per company norms.
Regards, Malini
From India, Hyderabad
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Pls refer to Section 4 of the Payment of Gratuity Act, If you fulfill this criteria then you are eligible for Gratuity.
Payment of gratuity.
4. (1) 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:
12[Provided further that in the case of death of the employee, gratuity payable to him shall be
paid to his nominee or, if no nomination has been made, to his heirs, and where any suchnominees 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.
(2) For every completed year of service or part thereof in excess of six months, the employer shall
pay gratuity to an employee at the rate of fifteen days’ wages based on the rate of wages last
drawn by the employee concerned :
Provided that in the case of a piece-rated employee, daily wages shall be computed on the
average of the total wages received by him for a period of three months immediately preceding the
termination of his employment, and, for this purpose, the wages paid for any overtime work shall
not be taken into account:
Provided further that in the case of 13[an employee who is employed in a seasonal establishment
and who is not so employed throughout the year], the employer shall pay the gratuity at the rate
of seven days’ wages for each season.
14[Explanation: In the case of a monthly rated employee, the fifteen days’ wages shall be
calculated by dividing the monthly rate of wages last drawn by him by twenty-six and multiplying
the quotient by fifteen].
(3) The amount of gratuity payable to an employee shall not exceed 15[15a[three lakhs and fifty thousand] rupees].
(4) For the purpose of computing the gratuity payable to an employee who is employed, after his
disablement, on reduced wages, his wages for the period preceding his disablement shall be taken
to be the wages received by him during that period, and his wages for the period subsequent to
his disablement shall be taken to be the wages as so reduced.
(5) Nothing in this section shall affect the right of an employee to receive better terms of gratuity
under any award or agreement or contract with the employer.
(6) Notwithstanding anything contained in sub-section (1), —
(a) the gratuity of an employee, whose services have been terminated for any act, wilful
omission or negligence causing any damage or loss to, or destruction of, property belonging
to the employer, shall be forfeited to the extent of the damage or loss so caused.
(b) the gratuity payable to an employee 16[may be wholly or partially forfeited]—
(i) if the services of such employee have been terminated for his riotous or disorderly
conduct or any other act of violence on his part, or
(ii) if the services of such employee have been terminated for any act which constitutes an
offence involving moral turpitude, provided that such offence is committed by him in the
course of his employment.
From India, Jamshedpur
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Payment of gratuity.
4. (1) 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:
12[Provided further that in the case of death of the employee, gratuity payable to him shall be
paid to his nominee or, if no nomination has been made, to his heirs, and where any suchnominees 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.
(2) For every completed year of service or part thereof in excess of six months, the employer shall
pay gratuity to an employee at the rate of fifteen days’ wages based on the rate of wages last
drawn by the employee concerned :
Provided that in the case of a piece-rated employee, daily wages shall be computed on the
average of the total wages received by him for a period of three months immediately preceding the
termination of his employment, and, for this purpose, the wages paid for any overtime work shall
not be taken into account:
Provided further that in the case of 13[an employee who is employed in a seasonal establishment
and who is not so employed throughout the year], the employer shall pay the gratuity at the rate
of seven days’ wages for each season.
14[Explanation: In the case of a monthly rated employee, the fifteen days’ wages shall be
calculated by dividing the monthly rate of wages last drawn by him by twenty-six and multiplying
the quotient by fifteen].
(3) The amount of gratuity payable to an employee shall not exceed 15[15a[three lakhs and fifty thousand] rupees].
(4) For the purpose of computing the gratuity payable to an employee who is employed, after his
disablement, on reduced wages, his wages for the period preceding his disablement shall be taken
to be the wages received by him during that period, and his wages for the period subsequent to
his disablement shall be taken to be the wages as so reduced.
(5) Nothing in this section shall affect the right of an employee to receive better terms of gratuity
under any award or agreement or contract with the employer.
(6) Notwithstanding anything contained in sub-section (1), —
(a) the gratuity of an employee, whose services have been terminated for any act, wilful
omission or negligence causing any damage or loss to, or destruction of, property belonging
to the employer, shall be forfeited to the extent of the damage or loss so caused.
(b) the gratuity payable to an employee 16[may be wholly or partially forfeited]—
(i) if the services of such employee have been terminated for his riotous or disorderly
conduct or any other act of violence on his part, or
(ii) if the services of such employee have been terminated for any act which constitutes an
offence involving moral turpitude, provided that such offence is committed by him in the
course of his employment.
From India, Jamshedpur
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(Fact Checked)-The user reply is correct. The information provided aligns with Section 4 of the Payment of Gratuity Act, which specifies the eligibility criteria for gratuity payment. (1 Acknowledge point)
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Hi,
You are eligible for gratuity as you have completed 5 years of continuous service in the organization, which included your probation period. Fifteen days of average wages will be paid for every completed year of service as long as you work in the organization.
Prasadyadav
From India, Vijayawada
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You are eligible for gratuity as you have completed 5 years of continuous service in the organization, which included your probation period. Fifteen days of average wages will be paid for every completed year of service as long as you work in the organization.
Prasadyadav
From India, Vijayawada
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You will be eligible for the gratuity. The total amount will be the last drawn salary multiplied by 15, divided by 26, and then multiplied by the number of years you have serviced. If your management fails to settle the gratuity, you can file a complaint with the Assistant Commissioner of Labour (ACL).
From India, Selam
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From India, Selam
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(Fact Checked)-The calculation formula for gratuity is correct. However, it's advisable to approach the Labour Department first before filing with the ACL. (1 Acknowledge point)
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The amount of gratuity payable to an employee shall not exceed three lakhs and fifty thousand rupees. Regards, Amit Seth.
From India, Ahmadabad
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From India, Ahmadabad
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Gratuity is "payable" once you complete continuous employment of five years. What does it mean? Can the employee make a claim of gratuity once he completes five years of employment? As per Section 4 of the Payment of Gratuity Act 1972, "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 on (i) superannuation, (ii) on his retirement or resignation, (iii) on his death, or disablement due to accident or disease".
Learned Member, please use the right terminology while quoting legal terms.
From India, Madras
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Learned Member, please use the right terminology while quoting legal terms.
From India, Madras
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(Fact Checked)-Gratuity is payable after 5 years of continuous service including the probation period. The claim can be made on superannuation, retirement, resignation, death, or disablement. Ensure correct legal terminology. (1 Acknowledge point)
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In the previous post, you mentioned that "gratuity is payable once you complete continuous employment of 5 years...". Please read the following lines posted by you.
Re: About Gratuity
Gratuity is payable once you complete continuous employment of 5 years in a company. The period of 5 years includes the probationary period as well. Incidentally, when one gets confirmed after successful completion of the probationary period, it implies confirmation from the date of joining.
Best Wishes,
Vasant Nair
From India, Madras
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Re: About Gratuity
Gratuity is payable once you complete continuous employment of 5 years in a company. The period of 5 years includes the probationary period as well. Incidentally, when one gets confirmed after successful completion of the probationary period, it implies confirmation from the date of joining.
Best Wishes,
Vasant Nair
From India, Madras
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I was working with the Central Government (CG) as a Technical Assistant. After completing my degree, I applied for a position in a PSU through the proper channel (with NOC) and was selected. Consequently, I resigned from my CG job and joined the PSU. Upon leaving CG, the Admin Officer informed me that my PF would be transferred to the PSU, and all terminal benefits like service gratuity, retirement gratuity, and EL would be paid directly to me.
After commencing my employment at the PSU, I sent a letter through the PSU to CG outlining which benefits were transferrable and which were not. The PSU agreed to transfer all benefits, including PF, gratuity, and EL. However, according to the rules of the central government, gratuity and EL should not have been transferred.
Subsequently, CG transferred my PF and EL to the PSU. Despite this, after nine months of service at the PSU, I resigned. Although PF and EL were transferred while I was at the PSU, service gratuity and retirement gratuity are still pending. Despite numerous requests to CG for gratuity settlement, it took them two and a half years to review my file and inform me that I would have received gratuity if I had still been in service with the PSU at the time of the transfers.
They disbursed EL based on the 5th pay commission. Am I entitled to receive arrears based on the 6th pay commission?
Furthermore, am I eligible for both service and retirement gratuity according to Swamy's book?
Could you please clarify whether I will receive gratuity along with interest for the past three years, and explain the relevant rules and regulations?
From India, Tiruchchirappalli
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After commencing my employment at the PSU, I sent a letter through the PSU to CG outlining which benefits were transferrable and which were not. The PSU agreed to transfer all benefits, including PF, gratuity, and EL. However, according to the rules of the central government, gratuity and EL should not have been transferred.
Subsequently, CG transferred my PF and EL to the PSU. Despite this, after nine months of service at the PSU, I resigned. Although PF and EL were transferred while I was at the PSU, service gratuity and retirement gratuity are still pending. Despite numerous requests to CG for gratuity settlement, it took them two and a half years to review my file and inform me that I would have received gratuity if I had still been in service with the PSU at the time of the transfers.
They disbursed EL based on the 5th pay commission. Am I entitled to receive arrears based on the 6th pay commission?
Furthermore, am I eligible for both service and retirement gratuity according to Swamy's book?
Could you please clarify whether I will receive gratuity along with interest for the past three years, and explain the relevant rules and regulations?
From India, Tiruchchirappalli
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Almost all employers interpret the meaning of probation as extending the period for confirmation. As per the Industrial Disputes Act of 1947, all employees come under the purview of workmen, including trainees, daily wage workers, etc. Therefore, for the purpose of calculating gratuity, the correct date of joining should be considered.
From India, Selam
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From India, Selam
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For GOD’s sake please do NOT make such childish comments. Where did you get the "TWO YEAR" eligibility criterion.? Read Act and get the right answer. Vasant Nair
From India, Mumbai
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From India, Mumbai
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Dear Neha,
Please understand that entitlement for Gratuity is governed by the provisions of the Payment of Gratuity Act, 1972.
Whether your Appointment Letter contains the "Payment of Gratuity" clause or not is immaterial. You are entitled to receive Gratuity once you complete the eligibility criteria stated in the Act.
Gratuity is payable to an employee when they leave the organization for any reason, after completing 5 years of continuous employment. It is not essential for the employee to work until retirement or to wait to die to be entitled to the payment of Gratuity.
The 5-year eligibility clause does not apply in cases of death. Upon death, Gratuity is payable even if the employee has not completed 5 years of continuous employment in the company. An employee is eligible even if they have worked only for six months.
Provisions of law will always supersede any stipulations contained in any Office Order, Rule, or Appointment letter issued by the Company.
I trust it is clear to you now.
If there are still any doubts bothering you, you are most welcome to contact me on my mobile: 9717726667 or on my email: vasantnair10@gmail.com.
Best Wishes, Vasant Nair
Neha's Query:
I have a doubt... In the appointment letters of our company, we mention that payment is applicable as per the Gratuity Act, subject to retirement or the death of the employee.
Question 1: Does that imply that the employer shall only pay gratuity in these two cases?
Question 2: We don't have any gratuity fund as mentioned above, so in these circumstances as well, does the employer need to pay?
Regards,
Neha
From India, Mumbai
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Please understand that entitlement for Gratuity is governed by the provisions of the Payment of Gratuity Act, 1972.
Whether your Appointment Letter contains the "Payment of Gratuity" clause or not is immaterial. You are entitled to receive Gratuity once you complete the eligibility criteria stated in the Act.
Gratuity is payable to an employee when they leave the organization for any reason, after completing 5 years of continuous employment. It is not essential for the employee to work until retirement or to wait to die to be entitled to the payment of Gratuity.
The 5-year eligibility clause does not apply in cases of death. Upon death, Gratuity is payable even if the employee has not completed 5 years of continuous employment in the company. An employee is eligible even if they have worked only for six months.
Provisions of law will always supersede any stipulations contained in any Office Order, Rule, or Appointment letter issued by the Company.
I trust it is clear to you now.
If there are still any doubts bothering you, you are most welcome to contact me on my mobile: 9717726667 or on my email: vasantnair10@gmail.com.
Best Wishes, Vasant Nair
Neha's Query:
I have a doubt... In the appointment letters of our company, we mention that payment is applicable as per the Gratuity Act, subject to retirement or the death of the employee.
Question 1: Does that imply that the employer shall only pay gratuity in these two cases?
Question 2: We don't have any gratuity fund as mentioned above, so in these circumstances as well, does the employer need to pay?
Regards,
Neha
From India, Mumbai
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We have been serving the company for 8 years. However, we have not received any offer letter or appointment letter. Initially, when we joined, it was a partnership company. Three years ago, it converted into a private limited company. Now, we are eligible for gratuity.
Please provide a prompt response as this matter is urgent.
From India, Hyderabad
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Please provide a prompt response as this matter is urgent.
From India, Hyderabad
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Hello,
This is on behalf of my mother, who has been teaching in an Un-aided educational institution in Bangalore since 25th May 2005 and is resigning on 9th April 2011. The school states that the first year is termed as a probationary period and is refusing to pay the gratuity amount. The school states that the gratuity period of 5 years begins only after the probationary period (25 May 2006) and is using this statement to refuse the payment of gratuity as my mother is leaving the institution on 9th April 2011.
What can be done in such a case?
Thank you.
Statement in the Offer Letter:
i.) Probationary Period: All the employees, except temporary employees appointed for a specific period, will be on probation for a period of 9 months in the first instance. The period of probation may be extended by the managing committee/board of governors but ordinarily for a period of 3 months. During this probationary period, this agreement is terminable by either party by giving 1 month's notice or one month's salary in lieu of notice provided. That such notice period terminates at the end of the term.
From India, Bangalore
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This is on behalf of my mother, who has been teaching in an Un-aided educational institution in Bangalore since 25th May 2005 and is resigning on 9th April 2011. The school states that the first year is termed as a probationary period and is refusing to pay the gratuity amount. The school states that the gratuity period of 5 years begins only after the probationary period (25 May 2006) and is using this statement to refuse the payment of gratuity as my mother is leaving the institution on 9th April 2011.
What can be done in such a case?
Thank you.
Statement in the Offer Letter:
i.) Probationary Period: All the employees, except temporary employees appointed for a specific period, will be on probation for a period of 9 months in the first instance. The period of probation may be extended by the managing committee/board of governors but ordinarily for a period of 3 months. During this probationary period, this agreement is terminable by either party by giving 1 month's notice or one month's salary in lieu of notice provided. That such notice period terminates at the end of the term.
From India, Bangalore
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Dear Uzair,
The definition of an employee as per the Act is "'employee' means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company, or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical, or clerical work, whether the terms of such employment are express or implied, and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity.
Which shows and states that the company is bound to pay the Gratuity for all the services rendered.
Regards,
Amit Seth.
From India, Ahmadabad
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The definition of an employee as per the Act is "'employee' means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company, or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical, or clerical work, whether the terms of such employment are express or implied, and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity.
Which shows and states that the company is bound to pay the Gratuity for all the services rendered.
Regards,
Amit Seth.
From India, Ahmadabad
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Dear Sirs,
Under the Payment of Gratuity Act, a worker is entitled to receive gratuity if they have put in at least five years of continuous service with their employer. The method to calculate one year of continuous service is provided for in the Act itself. Gratuity becomes payable when the worker retires upon reaching the age of superannuation, resigns, or passes away while in service. In the event of the worker's death while in service, the requirement of five continuous years of service is waived. The rate of gratuity is 15 days of basic pay plus dearness allowance for every completed year of service. To determine the worker's daily wage, the monthly wage must be divided by 26, not 30. If the employer offers gratuity at a higher rate than what is stipulated under the Payment of Gratuity Act, then that higher rate will take precedence.
From India, Madras
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Under the Payment of Gratuity Act, a worker is entitled to receive gratuity if they have put in at least five years of continuous service with their employer. The method to calculate one year of continuous service is provided for in the Act itself. Gratuity becomes payable when the worker retires upon reaching the age of superannuation, resigns, or passes away while in service. In the event of the worker's death while in service, the requirement of five continuous years of service is waived. The rate of gratuity is 15 days of basic pay plus dearness allowance for every completed year of service. To determine the worker's daily wage, the monthly wage must be divided by 26, not 30. If the employer offers gratuity at a higher rate than what is stipulated under the Payment of Gratuity Act, then that higher rate will take precedence.
From India, Madras
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(Fact Checked)-The user reply is accurate and provides comprehensive information on gratuity entitlement under the Payment of Gratuity Act, including eligibility criteria, calculation method, and scenarios of payment. Well done! (1 Acknowledge point)
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Dear Mr. Srinivas,
Even if there is no offer letter, the Payment of Gratuity Act will apply provided the Act applies to your establishment. Please furnish details of your establishment such as the number of employees, the nature of work done, and details of any labor law under which your employer is registered with the government.
Thank you.
From India, Madras
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Even if there is no offer letter, the Payment of Gratuity Act will apply provided the Act applies to your establishment. Please furnish details of your establishment such as the number of employees, the nature of work done, and details of any labor law under which your employer is registered with the government.
Thank you.
From India, Madras
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Merely completing 240 days is not enough to qualify for payment of Gratuity. Please read the Act carefully and you will find the answer. Vasant Nair
From India, Mumbai
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From India, Mumbai
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Dear Member,
Welcome to CiteHR.
Abstract of the Act & Rules is provided by the applicable Payment of Gratuity Rules & therefore first see which of the State/Central PG Rules are applicable in your case & then go through form 'U' or whichever form find place in those Rules. You can also have it from your local shopkeeper who is having registers under Factories Act & other labour laws.
R.N.KHLOA|Sr.ASSOCIATE|LL&IR|
SKYLARK ASSOCIATES| GURGAON|HARYANA|
|Mobile: 9810405361|
From India, Delhi
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Welcome to CiteHR.
Abstract of the Act & Rules is provided by the applicable Payment of Gratuity Rules & therefore first see which of the State/Central PG Rules are applicable in your case & then go through form 'U' or whichever form find place in those Rules. You can also have it from your local shopkeeper who is having registers under Factories Act & other labour laws.
R.N.KHLOA|Sr.ASSOCIATE|LL&IR|
SKYLARK ASSOCIATES| GURGAON|HARYANA|
|Mobile: 9810405361|
From India, Delhi
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Dear Members, As an employer can I start paying gratuity along with salary even if the employee has not completed 5 years
From India, Hyderabad
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From India, Hyderabad
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Dear brother/sisters, I have one doubts, what is eligible for gratuity years and act what is say?
From India, Chennai
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From India, Chennai
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Dear all,
I have a few questions regarding gratuity entitlement:
1) If I have completed 5 years in the same company, I understand that gratuity is applicable. Should I apply for gratuity based on my total working period (continuous service) while I am still working in the company, or is it only possible to apply after resignation or retirement?
2) If I have worked in different companies for a total of 5 years (e.g., 1 year + 2 years + 1 year + 1 year) and then completed 5 years in my current company, would gratuity be applicable at that point?
I came across these questions, and I would appreciate any clarification you can provide.
Regards,
Seven
From India, Chennai
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I have a few questions regarding gratuity entitlement:
1) If I have completed 5 years in the same company, I understand that gratuity is applicable. Should I apply for gratuity based on my total working period (continuous service) while I am still working in the company, or is it only possible to apply after resignation or retirement?
2) If I have worked in different companies for a total of 5 years (e.g., 1 year + 2 years + 1 year + 1 year) and then completed 5 years in my current company, would gratuity be applicable at that point?
I came across these questions, and I would appreciate any clarification you can provide.
Regards,
Seven
From India, Chennai
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Hi Seven,
Answer for question 1:
Gratuity will be paid upon separation from employment, either in the form of resignation or retirement after 5 or more years of service.
Answer for question 2:
Yes, gratuity is applicable for 5 years of continued service with the last employer.
From India, Madras
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Answer for question 1:
Gratuity will be paid upon separation from employment, either in the form of resignation or retirement after 5 or more years of service.
Answer for question 2:
Yes, gratuity is applicable for 5 years of continued service with the last employer.
From India, Madras
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(Fact Checked)-The user reply is correct. Thank you for providing accurate information on gratuity eligibility based on 5 years of service. (1 Acknowledge point)
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Dear V.M. Lakshminarayanan sir,
Thank you for your valuable reply. I understood your answer, but I'm asking another question. Please answer me, sir.
For example:
A company = 1 year of service
B company = 2 years of service
C company = 1 year of service
D company = 1 year of service (my current company)
In total, I have worked for 5 years, so my current company will pay for gratuity. However, I have not completed 5 years in D company.
Regards,
Seven
From India, Chennai
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Thank you for your valuable reply. I understood your answer, but I'm asking another question. Please answer me, sir.
For example:
A company = 1 year of service
B company = 2 years of service
C company = 1 year of service
D company = 1 year of service (my current company)
In total, I have worked for 5 years, so my current company will pay for gratuity. However, I have not completed 5 years in D company.
Regards,
Seven
From India, Chennai
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Hi Seven Obviously NO. 5 years continuity of service without break with one employer is mandatory for gratuity eligibility. So answer is NO.
From India, Madras
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From India, Madras
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Hi Sir,
I have completed 5 years in the company, and my notice period of 1 month has also been fulfilled. However, I have not yet received my gratuity amount. I worked in the finance department, and due to some errors in the employees' account numbers, they deducted an amount from my salary without my consent. What steps should I take to address this issue? My full and final settlement is still pending.
Thank you.
From India, Delhi
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I have completed 5 years in the company, and my notice period of 1 month has also been fulfilled. However, I have not yet received my gratuity amount. I worked in the finance department, and due to some errors in the employees' account numbers, they deducted an amount from my salary without my consent. What steps should I take to address this issue? My full and final settlement is still pending.
Thank you.
From India, Delhi
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Hi,
Gratuity, as payable to an employee, can be forfeited only when he is dismissed from service for willful omission, riotous and disorderly behavior involving moral turpitude, etc., as stipulated under Section 4(6) of the Payment of Gratuity Act. Hence, withholding of gratuity by the employer of an employee cannot be justified.
Even after a request, if gratuity is not paid by the employer, you can appeal before the Assistant Commissioner of Labour of your office jurisdiction for gratuity payment.
I also want to know what the exact issue was and whether your employer incurred any financial loss due to your negligence?
From India, Madras
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Gratuity, as payable to an employee, can be forfeited only when he is dismissed from service for willful omission, riotous and disorderly behavior involving moral turpitude, etc., as stipulated under Section 4(6) of the Payment of Gratuity Act. Hence, withholding of gratuity by the employer of an employee cannot be justified.
Even after a request, if gratuity is not paid by the employer, you can appeal before the Assistant Commissioner of Labour of your office jurisdiction for gratuity payment.
I also want to know what the exact issue was and whether your employer incurred any financial loss due to your negligence?
From India, Madras
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Less than 5 years service - Eligibility for payment of gratuity.pdf
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(Fact Checked)-The user's reply is correct. Gratuity eligibility after completing 5 years of service aligns with the Gratuity Act and company policy. (1 Acknowledge point)