Gratuity 4.8 yrs (6days working)

to get gratutyi you have to be in a company for minimum 5 years . Than only you are eligible to get gratutity.

But as per gratuity act , a person is liable if he had worked for ccontinous 240 days which comes out to be 8 months..

https://pesakkimuthuimportantlabourdecisions.blogspot.in/2011/01/gratuity-eligibility-48-yrs-sufficient.html

In this link they have also mentioned a case but still there is confusion.

Sir,

I Am completed 4.9years in Private Company. My date of Joining 1st February 2008. can I eligible for Gratuity Payment.
 

You have posted that:

--“( notice period of 1 month extra )”

Notice period is counted in service period.

--“Company  works for 6 days a week.”

240 days in a year.

Section: 2A
Continuous service.

For the purposes of this Act, -

(ii) two hundred and forty days, in any other case;

240 days include:

Section: 2A
Continuous service.

For the purposes of this Act, -

(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order [***] treating the absence as break in service has been passed in accordance with the standing order, rules or regulations governing the employees of the establishment), lay off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act.

Having completed 240 days in 5^th year employee becomes eligible.

The HC and SC judgments are enclosed.

You may go thru very informative threads initiated by employees at:

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp

sir

iam working in pvt ltd company my exprience is 9 years completed but i work for commission agent iam not reciveing any salary    ex .if i work today they considar as commission its a bank verification agency if i do each varification  they pay 21rupees for each varification its all around end of the month i completed 1000 cases they paying is 21000 in this 21000 company decteing 1000 rps for tds amount   i need help from u  ither i resine my job on this month iam eligible to get gratuity amount

9 years is a high vintage.

You have posted that:

“iam working in pvt ltd company my exprience is 9 years completed”

And

“its a bank verification agency”

And

 “company decteing 1000 rps for tds amount”

And

“i resine my job on this month”

Who has asked you to resign, and are you being asked in writing to submit resignation letter? Is there any communication or company policy that mentions that you need to resign to separate???

Who issued the TDS certificate to whom? Is it Bank to your company or bank to you?

Has your company issued form 16/TDS certificate to you for all these years??

Did your company employ 10 or more person at any point of time?

Has your company been paying PF, ESIC?

Have you been working with the same pvt ltd company /agency for the last 9 years?

It is felt that your company should be covered under SE Act of the state. Company has to display the registration certificate etc at the gate.

Has your company issued any appointment order to you? There might be a provision in the SE Act of your state to issue appointment order.

What is basis of employment permanent, contractual etc??

It is also imp to understand why not even min wages are being paid?

The company has kept you on commission for last 9 years, does it keep all employees on commission only???

Does this company pay any salary/wages to you, and does it ask you to sign any attendance register, salary voucher?

The Act states that “whether the terms of such employment are express or implied”

Wages does not include Commission.

Has this company issued any I. Card to you?

It is felt that bank has to follow the RBI guidelines for its agencies and each representative has to wear I .Card. The bank must have entered into an agreement with the agency it has employed for verification.

You may approach a competent and experienced labor consultant/service lawyer with all details and your consultant/lawyer shall evaluate the merits opine further. Your lawyer may opine that there is a way out for you. You may put in efforts and support your lawyer. If you succeed with all persons like you shall be benefited.

Your lawyer may say being on commission you are not eligible.

You may also get in touch with senior and experienced trade union leaders.

Valuable advice of learned experts/members is sought.

There are many informative threads initiated by employees, and you can access these at:

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

You may find some clue and help in other threads.