About gratuity

No, you can not claim while in employment.

What is this establishment: Govt, Private?

Did it employ 10 or more employees at any point of time?

If yes provision of Gratuity should be applicable.

The establishment’s works for how many days/week?

 

Assuming that enactment applicable is Payment of Gratuity Act 1972……………..You may go thru Sec;1(3,3A),2A(a)(i)(ii),(b)(i) (ii)

As per provisions clearly explained in the Act if an employee has worked in a year for 190 or 240 days, depending upon The establishment’s works for how many days/week…………………………………….the employee is eligible.

There are many threads on Gratuity at:

 

 

 https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.U3W1LkeBmXU

 

e.g;

 

 

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.U3W1Y0eBmXU

 

It is a private company with more than 100 employees. No PF or other facilities. 

SO in this case if I leave the company in next 1-2 months will I be eligible for gratuity?

Right now I have completed 4 yrs 9 months here.

After what time after leaving gratuity can be claimed.

The employees that are eligible for PF but are not being for it can lodge a complaint with RPFC in nearest PF office. As already posted that “As per provisions clearly explained in the Act if an employee has worked in a year for 190 or 240 days, depending upon The establishment’s works for how many days/week…………………………………….the employee is eligible.” If the employee has tendered notice of resignation he/she can submit FormI one month before effective date of resignation. The employer has to disburse payment of Gratuity with 30 days of separation or shall have to pay interest @10%pa for the delayed period. The threads mentioned in previous post are comprehensive and answers all queries. IN case of any difficulty approach your lawyer in person.