Dear All, One of my Executive has worked continuously for 4 years and 9 months now he has resigned. will he be eligible for gratuity or after completion of 5 years only. please guide me. regards REx
From India, Secunderabad
3From India, Secunderabad
Dear Sir, Your Executive is not eligible to get Gratuity. Except death, no one is eligible to get gratuity without completion of 5years
From India, Madurai
From India, Madurai
If the employee has put in 240 days of continuous employment in the fifth year, he will be entitled to Gratuity. Vasant Nair
From India, Mumbai
From India, Mumbai
if he complete four years and nine month than calculate that in nine months he completed 240 days or not , if he complete than he is applicable for that thax
From India, Panipat
From India, Panipat
dear Rexmartin.a
an employee who has completed 5 years service is eligible for payment of grauity. If the continous service of the said employee during 5th year is more than 6 months the same shall be deemed to be full year. and the said employee will be eligible for payment of gratuity since he has completed 4 years and 9 months .
regrads
RL Dhingra
Advocate ,
9818309937
e-mail:rld_498@rediffmail.com.
From India, Delhi
an employee who has completed 5 years service is eligible for payment of grauity. If the continous service of the said employee during 5th year is more than 6 months the same shall be deemed to be full year. and the said employee will be eligible for payment of gratuity since he has completed 4 years and 9 months .
regrads
RL Dhingra
Advocate ,
9818309937
e-mail:rld_498@rediffmail.com.
From India, Delhi
dear Mr.Rexmartin.a
please read explanation 2 to section 4 of payment of gratuity Act 1972 where it is provided that 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 15 days' wages based on the rate of wages last drawn by the employee concerned.
Regards
RL Dhingra ,Advocate
9818309937
e-mail
From India, Delhi
please read explanation 2 to section 4 of payment of gratuity Act 1972 where it is provided that 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 15 days' wages based on the rate of wages last drawn by the employee concerned.
Regards
RL Dhingra ,Advocate
9818309937
From India, Delhi
On the date of reliving, if employee completes five years of services, then I belive he is eligible for Gratuity. Regards Amitkumar
From India, Nagpur
From India, Nagpur
After complition of 05 years, employee is eligible of gratuity.
You can calculate the gratuity like
BASIC SALARY X 15 X SERVISE YEARS COMPLITED / 26 = Gratuity
if the basic salary is Rs. 5000
Servise year complited - 06 years
then gratuity amount will be 5000 x 15 x 6/ 26 = 17307.69
From India, New Delhi
You can calculate the gratuity like
BASIC SALARY X 15 X SERVISE YEARS COMPLITED / 26 = Gratuity
if the basic salary is Rs. 5000
Servise year complited - 06 years
then gratuity amount will be 5000 x 15 x 6/ 26 = 17307.69
From India, New Delhi
Re : Gratuity,
On the date of reliving, If employees completed four years & 240 days completed in fifth year then he is eligible for gratuity. the employer shall pay gratuity to an employees @ 15 days wages based on the rate of basic wages last drawn by the employees concerned.
regard
rajesh
From India, Delhi
On the date of reliving, If employees completed four years & 240 days completed in fifth year then he is eligible for gratuity. the employer shall pay gratuity to an employees @ 15 days wages based on the rate of basic wages last drawn by the employees concerned.
regard
rajesh
From India, Delhi
I am afraid I cannot but disagree with you.
An employee has to work for 5 years to become eligible for payment of Gratuity. If in the fifth year, an employee puts in continuous service of 240 days, he is entitled to receive Gratuity.
The "Six Months" clause applies NOT for eligibility but for calculation purposes. Therefore if an employee, in the fifth year works only for a continuous period of SIX MONTHS, he is NOT entitled for Gratuity, since in six months he could not have completed 240 days.
However, for calculation purposes, if an employee works for 5 years and six months, Gratuity in his case will be calculated for 6 years.
I am sure you will agree with this clarification.
Best Wishes,
Vasant Nair
From India, Mumbai
An employee has to work for 5 years to become eligible for payment of Gratuity. If in the fifth year, an employee puts in continuous service of 240 days, he is entitled to receive Gratuity.
The "Six Months" clause applies NOT for eligibility but for calculation purposes. Therefore if an employee, in the fifth year works only for a continuous period of SIX MONTHS, he is NOT entitled for Gratuity, since in six months he could not have completed 240 days.
However, for calculation purposes, if an employee works for 5 years and six months, Gratuity in his case will be calculated for 6 years.
I am sure you will agree with this clarification.
Best Wishes,
Vasant Nair
From India, Mumbai
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc