Hi,
I worked for a company in India from 18th Jul 2005 to 5th Jul 2010. And from 6th July 2010 i was transferred to USA location of the same company on intra-company transfer visa. I worked till 18th Nov 2011 from USA location and resigned from USA on 18th Nov 2011.
When i asked my company about the gratuity amount, they are saying I am not eligible for the gratuity as i have not completed 5 years
of service in India.
I am feeling that i would be eligible for gratuity as i have served the company for more than 6 years (4 years 11 months and 17 days from India location and the rest of the period from USA location)
Please let me know
1. am i eligible for gratuity at all?
2. if i am eligible, would i be paid gratuity only for my india service?
Your response is greatly appreciated.
Thanks,
Saritha
From United States, San Francisco
I worked for a company in India from 18th Jul 2005 to 5th Jul 2010. And from 6th July 2010 i was transferred to USA location of the same company on intra-company transfer visa. I worked till 18th Nov 2011 from USA location and resigned from USA on 18th Nov 2011.
When i asked my company about the gratuity amount, they are saying I am not eligible for the gratuity as i have not completed 5 years
of service in India.
I am feeling that i would be eligible for gratuity as i have served the company for more than 6 years (4 years 11 months and 17 days from India location and the rest of the period from USA location)
Please let me know
1. am i eligible for gratuity at all?
2. if i am eligible, would i be paid gratuity only for my india service?
Your response is greatly appreciated.
Thanks,
Saritha
From United States, San Francisco
Hi, saritha,
you have completed 4years 11 month and 17 days......You are eligible for gratuity as per act. Because even if u completed 4 years 6 month next 6 month will be consider as completed 5 years only.
From India, Madras
6you have completed 4years 11 month and 17 days......You are eligible for gratuity as per act. Because even if u completed 4 years 6 month next 6 month will be consider as completed 5 years only.
From India, Madras
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)].
so, you can take in to legal this......
From India, Madras
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)].
so, you can take in to legal this......
From India, Madras
Dear Saritha,
I do agree with satyaak... u r definitely eligible for gratuity...your 4 year 11 months will be count as 5 year service.. so.. for sure u can ask for.. and can take a legal action for your gratuity amount..
From India, Delhi
I do agree with satyaak... u r definitely eligible for gratuity...your 4 year 11 months will be count as 5 year service.. so.. for sure u can ask for.. and can take a legal action for your gratuity amount..
From India, Delhi
The most important aspect is from where you were getting your salary when you were posted in USA. If the present company has transferred you officially with issue of transfer orders on company's letter then you are eligible for claim of Gratuity for the entire service as you would be deemed as employee of the company. Where as if you only take into account your 4 years and 11 months then also you are eligible for Gratuity as per the factories act.
Regards
Kenhr Management Consultancy
From India, Jaipur
Regards
Kenhr Management Consultancy
From India, Jaipur
Hi Saritha,
You are eligible for Gratuity.
Four years and 240 days are sufficient for you to get gratuity from your ex-employer. You have worked 4 years and 353 days. Please refer Labour Law Report - 1998LLR1072 (Madras HC).
Regards,
Chaithanya.
From India, Bangalore
You are eligible for Gratuity.
Four years and 240 days are sufficient for you to get gratuity from your ex-employer. You have worked 4 years and 353 days. Please refer Labour Law Report - 1998LLR1072 (Madras HC).
Regards,
Chaithanya.
From India, Bangalore
You are very much eligible for your gratuity. Simply fill up the Final settlement form No.I(see the attachment)and handover to your employer obtain a copy with ack. Keep it safely. They have to settle within 1 month. Thereafter if they delay they have to settle the gratuity alongwith interest for the delayed period till they settle you.
Regards
kumar.s.
From India, Bangalore
Regards
kumar.s.
From India, Bangalore
Dear Satyaak,
Can you give me idea about gratuity for a new established organisation. What has to be done for this purpose, is there any enrollment or registration?
How and what has to be done to the amount allocated for Gratuity? kindly brief me all.
From India, Jodhpur
Can you give me idea about gratuity for a new established organisation. What has to be done for this purpose, is there any enrollment or registration?
How and what has to be done to the amount allocated for Gratuity? kindly brief me all.
From India, Jodhpur
I had completed 4 years 353 days in the company in India & left it but still I haven't received the Gratuity amount, they are continuously giving me reasons for confirming the rule of giving Gratuity without completing exact 5 years though various references are available online.
As I left the company in June 2016 i.e. prior to demonetisation period when FD interest rates were around 8% & now after demonetisation & around after 1 year 2 months+, with what interest rate, I should take Gratuity amount.
From India, Nagpur
As I left the company in June 2016 i.e. prior to demonetisation period when FD interest rates were around 8% & now after demonetisation & around after 1 year 2 months+, with what interest rate, I should take Gratuity amount.
From India, Nagpur
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx