Clarity between gratuity eligibility service (5 or 4.8 yrs)?

As already suggested and appreciated by you, you may show all docs, agreement signed by you, communications, evidences on record to a very able local senior counsel specializing in labor/service matters for a considered opinion.

Labor/Service matters is altogether different filed of law and at each location there are a few counsels that specialize in it and they are very well known.

Usually such matters are referred to them by any counsel worth his/her salt.

Lawyers handling civil matters usually do not meddle in Labor/Service matters.

Inquire locally for such counsels and you will have a list of all such few counsels at your location.

Chose carefully, a counsel that suits you.

Use the inputs received by you in this thread in your future endeavors.

Online discussions have its own limitations and are not substitute for considered opinion and consultation with due examination of relevant docs and inputs in person with a counsel specializing in respective field of .

There are endless numbers of threads at LCI also by unsuspecting querists that have been fleeced by posers posing as expert lawyers.

 The discussions at LCI are FREE and should not be exploited as a medium to allure unsuspecting querists to pay a FEE in the name of so called consultation……………

Hi 

My company going to give retrenchment by Next month end. My service period at the end of next month is 3 yr and 11 Month. Whether i can able to ask the Gratuity money from employer or not? I

Dear Sir,

I want to know that if had worked with my previous company for 4 years 6 month 01 day. Then please confirm whether i m eligible for gratuity or not. Please reply .

Dear Sir,

This is Gopala Krishna Reddy N.V i was an executrive in private export company hyderabad from september 2014 to till date (3.5years). Can i get gratuity, Please clarify? My director/Boss told that as per Shops and establishment Act , you can get 1and half month salary at the time of resignation. Please clarify?

Regards

Gopala Krishna Reddy N.V

Hi, 

My name is Rahul. I have joined a company on 24/04/2013 and resigned in 23/03/2018 serving two months notice period which comes to 23/05/2018. My complete tenure in the organization is 5 years 1 month. 

Am I applicable for gratuity pay ?

Hi, 

My name is Rahul. I have joined a company on 24/04/2013 and resigned on 23/03/2018 serving two months notice period which comes to 23/05/2018. My complete tenure in the organization is 5 years 1 month. 

Am I applicable for gratuity pay ?

What is this establishment; Govt, Private..

Do you have copy of PF, Gratuity Rules applicable to establishment?

You are teaching, Non teaching staff?

Are you still employed with same establishment?

If yes; post link or attach..

 Erase all names etc to maintain confidentiality.

Assuming that  Payment of Gratuity Act is applicable to such establishment in which you are working

GO thru

Payment of Gratuity Act, 1972;1,2A

https://clc.gov.in/clc/sites/default/files/PaymentofGratuityAct.pdf

and check if your establishment is covered and you are eligible..

You may also go thru simple to understand:

THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972

https://labour.gov.in/sites/default/files/ThePaymentofGratuityRules.pdf

and simple to understand  Rules by your state e.g;

The Payment of Gratuity (Maharashtra) Rules, 1972

https://www.esipf.com/labour-law/the%20gratuity%20act.pdf

Perspectives;

Employer can pay Gratuity on LWD with FnF..

 Employee can submit letter to pay Gratuity 30days before LWD..

Still; You are  closest to the facts and nature of establishment and bosses and HR personnel you are working with……….

And may keep copy of notice of resignation (also POD), and get offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………

After relieving submit letter under proper acknowledgment stating that ‘Notice of Determination of Gratuity’, payment, requisite forms are not supplied and may be supplied…

If employer does not pay within 30days from LWD IT has to tender interest @10%pa…

Hi Sir,

I have joined my company on August 1st 2013 and i will be relieving on May 11th 2018.  Its almost 4 yes 9 months completed. Please let me know if i am eligible for my gratutiy.

I  have checked with my HR manager. They told that i must have completed 5 yrs. Please clarify.

Please provide if any amendment of graduity rules. It will be useful for me to argue with my HR.

Thanks/Regards,

Anandha krishnan . N

9043388543

 

What is this establishment; private, govt?

Which gratuity rules apply? Do you have copy of PF, Gratuity Rules applicable to establishment?

If yes; post link or attach.. Erase all names etc to maintain confidentiality.

What is your designation/nature of duties e.g; you are teaching, Non teaching staff?

The establishment works for; 6 days/week or less than 6 days/week?

Did you submit formal request in writing under proper acknowledgment to pay Gratuity?

Do you have irrefutable record of employer-employee relationship? (Refer to some docs in subsequent posts)

Confirm!

Assuming that Payment of Gratuity Act is applicable to such establishment in which you are working

GO thru: Payment of Gratuity Act, 1972;1,2A https://clc.gov.in/clc/sites/default/files/PaymentofGratuityAct.pdf

   and check if your establishment is covered and you are eligible..

You may also go thru simple to understand:

THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972 https://labour.gov.in/sites/default/files/ThePaymentofGratuityRules.pdf

   and simple to understand Rules by your state e.g;
The Payment of Gratuity (Maharashtra) Rules, 1972 https://www.esipf.com/labour-law/the%20gratuity%20act.pdf

   If you are a teacher and Act applies to establishment , you should be eligible; GO thru details at; Discussion > Labour & Service Law > Gratuity > Is the private school teachers applicable for gratuity ? https://www.lawyersclubindia.com/forum/Is-the-private-school-teachers-applicable-for-gratuity--92288.asp

If Act applies and condition in Sec;1 is satisfied you should be eligible..

Perspectives;

Employer can pay Gratuity on LWD with FnF.. Employee can submit letter to pay Gratuity 30days before LWD.. Still; You are closest to the facts and nature of establishment and bosses and HR personnel you are working with………. And may keep copy of notice of resignation (also POD), and get offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………  

After relieving submit letter under proper acknowledgment stating that ‘Notice of Determination of Gratuity’, payment, requisite forms are not supplied and may be supplied… If employer does not pay within 30days from LWD IT has to tender interest @10%pa… Rest post Gratuity Rules.. You can very well post at the said website posted by you and also take help of united Teachers forum..officials in State Education Directorate/Univ... If nothing works then you may have to approach Controlling Authority of Gratuity (and may not the court) and submit FormI

https://www.lawyersclubindia.com/forum/details.asp?mod_id=28768&offset=29

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49

https://www.lawyersclubindia.com/experts/Gratuity-679811.asp

https://www.lawyersclubindia.com/forum/gratuity-not-paid-177657.asp

You will also find that there are IT’s entities and alikes on IT’s tail, that have attempted to distract sharing of information, citations, relevant act/enactments, judgments and have littered IT’s Trademark nuisance, sarcasm ,abuse and TAMASHA and failed miserably and became  sole TAMASHBEEN  ( own favorite words of IT’s entities) for a simple reason that such IT’s and entities do not want sharing of information for e.g; community of employee’s and want at allure and fleece unsuspecting querists………..and loiter at online portals to find BAKRA (SHIKAR……..clients) ………………….nothing else!

Make such entities popular and blacklisted permanently amongst communities and companies unions..

Get in touch with seasoned LOCAL employee’s/trade union leaders……………………!

And approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record ….. and worth his/her salt …and discuss in person and even seasoned employee’s/trade union leaders and proceed in best of your interest.. 

Check at LOCAL Labor Court/CGIT, Controlling Authority of Gratuity, School-Educational Tribunal, CAT, Civil Courts, HC,SC……..