dear deepak, If the employee has not completed 5 years of service, he is not eligible for gratuity. you can also refer to the payment of gratuity Act for the same.
From India, Delhi
14From India, Delhi
Dear DEEP,
Gratuity is payable to the employee in your case, as he has completed 4 years, 9 Months of service.
For calculation part of gratuity, there are different rules and if an employee has worked for 240 days in the previous/current year than that is to counted as one year (Only for calculation purpose - eligibility for one year)
Do you know how to derive the amount ? If not pl revert to me.
Thanks,
Exserg
From India, New Delhi
Gratuity is payable to the employee in your case, as he has completed 4 years, 9 Months of service.
For calculation part of gratuity, there are different rules and if an employee has worked for 240 days in the previous/current year than that is to counted as one year (Only for calculation purpose - eligibility for one year)
Do you know how to derive the amount ? If not pl revert to me.
Thanks,
Exserg
From India, New Delhi
Hi:confused:
Joining Date :13-Dec-2004Sepration Date :30-Oct-20094 YEAR 10 MONTHS 17 days
Employee are applicable for GRATUITY as per rules
Check below point before you calculate GRATUITY
1. Your company policy are applicable for GRATUITY< less than 5 years
Reagrds,:-D
Deepak B
Joining Date :13-Dec-2004Sepration Date :30-Oct-20094 YEAR 10 MONTHS 17 days
Employee are applicable for GRATUITY as per rules
Check below point before you calculate GRATUITY
1. Your company policy are applicable for GRATUITY< less than 5 years
Reagrds,:-D
Deepak B
I have attached a particular case judgement on Gratuity from Madras high court. It says 4 years and 240 working days is enough to qualify. V Chithranath
From India, Madras
From India, Madras
Hi Deepak and all friends,
before comming to a conclusion on this subject i advice you all to go through the Madras High Court Judgment passed in WP No. 21350 Of 1987, reported 1998 LLR 1072, where in it was held that completion of 240 days for the Fifth year in continuity is sufficient for payment of Gratuity.
No doubt, the Act is strict on not less than 5 years....... i would also like to say that the above judgment is not a precedent for all.
still i would like to share views on this
sheshu
From India, Hyderabad
before comming to a conclusion on this subject i advice you all to go through the Madras High Court Judgment passed in WP No. 21350 Of 1987, reported 1998 LLR 1072, where in it was held that completion of 240 days for the Fifth year in continuity is sufficient for payment of Gratuity.
No doubt, the Act is strict on not less than 5 years....... i would also like to say that the above judgment is not a precedent for all.
still i would like to share views on this
sheshu
From India, Hyderabad
Dear Rahul
I am Anagha Sakpal with reference to your above requirement would like to know some more detail job profile.
I am 23 yrs old having experience in HR more than 1 yr.
You can contact me at
Looking forward to your positive reply
From India, Thana
I am Anagha Sakpal with reference to your above requirement would like to know some more detail job profile.
I am 23 yrs old having experience in HR more than 1 yr.
You can contact me at
Looking forward to your positive reply
From India, Thana
[QUOTE=anaghasakpal;942304]Dear Rahul
I am Anagha Sakpal with reference to your above requirement would like to know some more detail job profile.
I am 23 yrs old having experience in HR more than 1 yr.
Qualification : B.M. S graduate specialised in HR
Profile handled in HR and Payroll, Recruitment.
You can contact me at
Looking forward to your positive reply
From India, Thana
I am Anagha Sakpal with reference to your above requirement would like to know some more detail job profile.
I am 23 yrs old having experience in HR more than 1 yr.
Qualification : B.M. S graduate specialised in HR
Profile handled in HR and Payroll, Recruitment.
You can contact me at
Looking forward to your positive reply
From India, Thana
One of my friend worked with a Pvt.Ltd firm for more than 10 years. The management terminated his service bcoz of mis-conduct and non-performance. When he asked for gratuity Mg.Director flatly refused saying "we don't give any gratuity" and taken a no -dues (from firm) certificate from him. Is it right practice ? What action can take against this firm now ?
From India, Delhi
From India, Delhi
If the emoployee is leaving during the fifth year you need to consider the days for that particular year. If he completes 240 days in fifth year you need to process the gratuity eventhough he has not completed the 5th year.
From India, Gurgaon
From India, Gurgaon
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Surendra_Kumar_ Verma_Etc_vs_Th e_Central_Gover nment_on_23_Sep tember_1980 Gratuity payable 4 years.pdf
Gratuity Form I.doc