Gratuity eligibility 4 yrs 8 months

Ask around and you can find out the employee's unions in yuor trade/sector and seasoned trade unions leaders near you and known to you.

Interaction with unions can make employee properly informed and they can provide support,guidance,representation also if the need be.

Elders of your family, compettent and experiened well wishers, colleagues can also be approached.....   

Hi, I have joined this company in Mumbai on 24th Dec 2012, and My last working date was on 23rd Aug 2017.

Also my comapny is having alternate saturday (2nd & 4th Sat ) off , I would like to know whether I will be eligible for gratuity?

Kindly help with response .

Read more at: https://www.lawyersclubindia.com/forum/Gratuity-eligibility-4-yrs-8-months-110913.asp

Hi, I have joined this company in Mumbai on 24th Dec 2012, and My last working date was on 23rd Aug 2017. 

Also my comapny is having alternate saturday (2nd & 4th Sat ) off , I would like to know whether I will be eligible for gratuity?

Kindly help with response .

Originally posted by : Shrikant
	Hi, I have joined this company in Mumbai on 24th Dec 2012, and My last working date was on 23rd Aug 2017.  Also my comapny is having alternate saturday (2nd & 4th Sat ) off , I would like to know whether I will be eligible for gratuity? Kindly help with response .

 

You are eligible for gratuity.

 

Originally posted by : Shrikant
	Hi, I have joined this company in Mumbai on 24th Dec 2012, and My last working date was on 23rd Aug 2017.  Also my comapny is having alternate saturday (2nd & 4th Sat ) off , I would like to know whether I will be eligible for gratuity? Kindly help with response .

 

You are eligible for gratuity.

 

hello Mr. Dhingra,

Thanks for answering the questions above, in my case I left the company exactly after 7 years and 6.0 months (1/Feb/2010 to 31/July/2017). Based on your expertise what would be the number of years for which I would get the gratuity i.e. 7 or 8 years? I have gone through many forums but as my case is specific for 6.0 months (in addition to 5+ years) thus I couldnt find any info. Is there any court judgement for a similar case of completion of 6.0 months ?

Thanks,

Rittu Paran 

Hi Mr Dhingra, Thanks for answering my above query . However my company is denying to pay Grauity saying you are not eligible as there is short fall in 240 days . Can you pls guide me to take further action . Thanks in advance !!

Hi Mr Dhingra, Thanks for answering my above query . However my company is denying to pay Grauity saying you are not eligible as there is short fall in 240 days . Can you pls guide me to take further action . Thanks in advance !!

Originally posted by : Rittu Paran
	hello Mr. Dhingra, Thanks for answering the questions above, in my case I left the company exactly after 7 years and 6.0 months (1/Feb/2010 to 31/July/2017). Based on your expertise what would be the number of years for which I would get the gratuity i.e. 7 or 8 years? I have gone through many forums but as my case is specific for 6.0 months (in addition to 5+ years) thus I couldnt find any info. Is there any court judgement for a similar case of completion of 6.0 months ? Thanks, Rittu Paran

 

Dear Rittu Paran,

You will get gratuity for only 7 years, as Section 4(2) provides that part of a year can be treated as a completed year if that EXCEEDS 6 months. Had you served for even one day more, you caould have received gratuity permissible for 8 years.

 

 

Originally posted by : Shrikant
	Hi Mr Dhingra, Thanks for answering my above query . However my company is denying to pay Grauity saying you are not eligible as there is short fall in 240 days . Can you pls guide me to take further action . Thanks in advance !!

 

Company is wrong, as your service period from 24th Dec. 2016 to 23rd Aug. 2017 works out to 240 days, which is more than 240 days. You may submit your claim in Form I and wait for reason for rejection. After that you can represent to the prescribed authority of your State Government.

Thanks Mr. Dhingra for the reply, much appreciated. Cant do anything now, if I knew about 1 day costing me 1 year of Gratuity then definitely I would have spent 1 extra day. Ironically I served my notice less by few days and paid for serving lesser notice so got a hit from both ends.

Hi Mr Dhingra,

Highly appriciated your help , need one more favour just want to clear one doubt - as company is telling that you need to complte your 240 days excluding your leaves, privlage leaves, weekly off, public holidays .

Is there any conditaions as such in 240 days .

Pls help .

 

 

Originally posted by : Shrikant
	Hi Mr Dhingra, Highly appriciated your help , need one more favour just want to clear one doubt - as company is telling that you need to complte your 240 days excluding your leaves, privlage leaves, weekly off, public holidays . Is there any conditaions as such in 240 days . Pls help .

 

No such condition. All are inclusive of 240 days of the year.

 

Originally posted by : Shrikant
	Hi, I have joined this company in Mumbai on 24th Dec 2012, and My last working date was on 23rd Aug 2017.  Also my comapny is having alternate saturday (2nd & 4th Sat ) off , I would like to know whether I will be eligible for gratuity? Kindly help with response .

 Generic calculation is; You have worked for 4Y07M29D.

Your establishment/designated HR personnel has caluclated it less than 4Y240D, hence declared you ineligible; verbally or in writing.

 

Originally posted by : Dhingra, 1962dcg@gmail.com
	Originally posted by : Shrikant Hi Mr Dhingra, Thanks for answering my above query . However my company is denying to pay Grauity saying you are not eligible as there is short fall in 240 days . Can you pls guide me to take further action . Thanks in advance !!   Company is wrong, as your service period from 24th Dec. 2016 to 23rd Aug. 2017 works out to 240 days, which is more than 240 days. You may submit your claim in Form I and wait for reason for rejection. After that you can represent to the prescribed authority of your State Government.

Generically; The establishment has calculated that you have worked for less than 4Y240D

( 4Y07M29D)

The establishment/designated HR personnel has communicated verbally or in writing?

You may take a stand that the establishment owrks for less than 5days/week.

Submit FormI under proper acknowledgment and  mention that 'Notice of determination of Gratuity' and payment has not been supplied to you.