N kumar 18 May 2017

Gratuity eligibility-employee worked 190 days in 5th year

Dear All,

I need legal opinion - if an employee has worked 4 years and 190 days ( Pvt Ltd Factory - 6days working) and the management forcefully take resignation ( Employee is ready to serve the notice period) & not allow to serve notice period by restricting gate entry & not providing work place to work ( Notice period 90 days as per appointment letter). Also the employer have not paid notice pay to theemployee.

Is he elligible to claim the gratuity?

If yes please suggest the procedure to claim the gratuity.

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7 Replies

Kumar Doab (FIN) 18 May 2017

Originally posted by : N kumar
	Dear All, I need legal opinion - if an employee has worked 4 years and 190 days ( Pvt Ltd Factory - 6days working) and the management forcefully take resignation ( Employee is ready to serve the notice period) & not allow to serve notice period by restricting gate entry & not providing work place to work ( Notice period 90 days as per appointment letter). Also the employer have not paid notice pay to theemployee. Is he elligible to claim the gratuity? If yes please suggest the procedure to claim the gratuity.

You have posted that:

"not allow to serve notice period by restricting gate entry & not providing work place to work ( Notice period 90 days as per appointment letter). Also the employer have not paid notice pay to the employee."

Kumar Doab (FIN) 18 May 2017

Has employee buit irrefutable evidence and written record of it?

Kumar Doab (FIN) 18 May 2017

This does smack of causing artificial break to avoid payment of Gratuity.

P.ESAKKIMUTHU (LABOUR CONSULTANT) 19 May 2017

The total weekly off + national ,festival holidays proportionately up to your last working day must be taken as period eligible for Gratuity.If after inclusion of these holidays,240 days works out for the last year of service, you are eligible for getting Gratuity.Follow the procedure of giving one month notice in the prescribed format and then file application before the authority under gratuity act with delay condonation petition.consult labour Advocate/consultant for assistance,if needed