Hi,
I joined on 1-8-2007 and resigned on 11-1-2012 with a notice period up to 31-3-2012. Our employer relieved me on 31-1-2012 with full pay up to 31-2-2012. Please let me know whether I am eligible for gratuity or not?
From India, Pune
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I joined on 1-8-2007 and resigned on 11-1-2012 with a notice period up to 31-3-2012. Our employer relieved me on 31-1-2012 with full pay up to 31-2-2012. Please let me know whether I am eligible for gratuity or not?
From India, Pune
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The following conditions must be fulfilled for Gratuity benefit:
1. 5 years of service should be completed.
2. The training period should not be considered as part of the service period.
As you have not completed 5 years of service, you are not eligible for gratuity.
From India, Secunderabad
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31. 5 years of service should be completed.
2. The training period should not be considered as part of the service period.
As you have not completed 5 years of service, you are not eligible for gratuity.
From India, Secunderabad
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Going by your joining date and relieving date, you are not eligible for the reasons Mr.Reddy already informed.. B.Saikumar
From India, Mumbai
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From India, Mumbai
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Dear Madhusudan,
As per my knowledge, there is no provision for 3 years. If you have any documentary proof of the same, please share it with the group. It will help us solve many queries.
Please find enclosed herewith the Madras High Court judgment on eligibility for Gratuity for your reference.
From India, Delhi
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As per my knowledge, there is no provision for 3 years. If you have any documentary proof of the same, please share it with the group. It will help us solve many queries.
Please find enclosed herewith the Madras High Court judgment on eligibility for Gratuity for your reference.
From India, Delhi
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Gratuity eligibility consists with completion of 5 yrs of service.... after completion of 5 yrs you will be eligible for the same.... no provision for 3yrs as eligible for gratuity.
From India, Mumbai
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From India, Mumbai
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I read the comments of all of your professionals. Some of my candidates whom I got placed with a company in Noida are working from the last 3 years. I understand that they are not eligible for gratuity, but what if the company decides to close down? The company has suddenly decided to close down its operations and shut the offices. Will they be eligible for gratuity in such a case? Please reply.
Thanks,
Kumar
From India, Delhi
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Thanks,
Kumar
From India, Delhi
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Mr. Kumar,
The Gratuity Act does not provide for fictional service in an establishment that is closed, as there may not be an end to revel in such fiction, and there may be claims for P.F & PL encashments, etc., on the basis of fictional service. However, if the employees are workmen, they can claim closure compensation under Sec. 25-FFF of the Industrial Disputes Act, 1947.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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The Gratuity Act does not provide for fictional service in an establishment that is closed, as there may not be an end to revel in such fiction, and there may be claims for P.F & PL encashments, etc., on the basis of fictional service. However, if the employees are workmen, they can claim closure compensation under Sec. 25-FFF of the Industrial Disputes Act, 1947.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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Hi everyone,
I was just reading the conversation and would like to add a little clarification regarding the period of 5 years of continuous service. The term "continuous service," as defined in the Gratuity Act, refers to an employee who completes 242 days of uninterrupted service. Therefore, concerning the entitlement of Gratuity, if an employee completes 4 years and 242 days of continuous service, he/she is entitled to Gratuity.
Ravi Kumar Jha
Manager, Corporate Legal
CMC Limited (A TATA Enterprise)
From India, New Delhi
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I was just reading the conversation and would like to add a little clarification regarding the period of 5 years of continuous service. The term "continuous service," as defined in the Gratuity Act, refers to an employee who completes 242 days of uninterrupted service. Therefore, concerning the entitlement of Gratuity, if an employee completes 4 years and 242 days of continuous service, he/she is entitled to Gratuity.
Ravi Kumar Jha
Manager, Corporate Legal
CMC Limited (A TATA Enterprise)
From India, New Delhi
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Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx
Less than 5 years service - Eligibility for payment of gratuity.pdf