4 years 190 days or 190 working days

As per the Payment of Gratuity Act, you have to complete certain number of days of continuous service including leave and holidays

- 190 days in case of mines

-240 days in other cases.

So if you have completed 240 days in the 5th year, you are entitled to gratuity. 

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

All off days/holidays etc are counted in 190/240days.

Is the statement of establishment in writing?

Has the establishment supplied notice of determination of Gratuity and payment within 30days from LWD?

Have you submitted FormI?

 

 

 

Its 5days/week and as per my company policy it is clearly mentioned as 4 years 190 days. When i asked over the email for my gratuity amount which is missing in my full and final settlement they replied stating as per the policy i should work for minimum of 4 years 190 wroking days.

Reply that you have worked for 4 years 190  days.

Have you submitted FormI, under proper acknowledgment?

Since you have been supplied with a written reply (probobaly due to ignorance of written reply of HR designated person, or writte/unwritten policies of employer for HR) you need to reslve either by your own skills or you may lean on your able counsel specializing in labor-service matters.

 

 

Thanks for your reply Kumar.

I haven't submitted any form with my HR. When I was in notice period I went tocheck with regards to my Gratuity. They replied that if I am eligible for gratuity then it will be automatically paid in my full and final settlement.

Further to the above my Company updated the policy on 18th March 2016 as the gratuity eligibility is changed from 4 years 190 days to 4 years 190 working days. (my last working day is 11th Apr).

I dont see any change in the gratuity eligibility is passed by Government. How can my company change for its benifit? I have the new policy with me, what action can I take to get my Gratuity? 

Reply that you have worked for 4 years 190  days.

Submit FormI, under proper acknowledgment?

Write to good offices of appointing authority/MD............(under proper acknowledgment) that on dated....................you were told by Mr/Ms.............designation............address..........that gartuity shall be paid in FnF statement/settlement. However  notice of determination of Gratuity and payment was not supplied to you in FnF statement/settlement.

And that some New policy as alleged has been posted on website link....................on dated..............which is attached.

 

If you are unable to resolve by your own skills , you may lean on your able counsel specializing in labor-service matters.

Originally posted by : Karthick
	Thanks for your reply Kumar. I haven't submitted any form with my HR. When I was in notice period I went tocheck with regards to my Gratuity. They replied that if I am eligible for gratuity then it will be automatically paid in my full and final settlement. Further to the above my Company updated the policy on 18th March 2016 as the gratuity eligibility is changed from 4 years 190 days to 4 years 190 working days. (my last working day is 11th Apr). I dont see any change in the gratuity eligibility is passed by Government. How can my company change for its benifit? I have the new policy with me, what action can I take to get my Gratuity?

Company cannot change anything as per their wish. The Act says for the purpose of calculation of period, last date of work should be considered including period of leave, absenteesm etc. 

After ceasesstion of your relationship, just apply for gratuity in FORM I and keep an acknwowledgement of sending such form. 

Off days/holidays/approved leave etc are all counted, as provided for in the Act that is a statue.

You may also draw attention to Sec;9 and word ' WHOEVER' avoids to apy Gratuity and provision of penalty Rs.20000/ and jail term..............

The employer is only a humle and subservient to the law of the land and constitutional rights..