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Clarity between gratuity eligibility service (5 or 4.8 yrs)?

Page no : 11

Karthikeyan (manager)     12 August 2014

Hi Team, I think this might have been discussed but I am not finding the related thread in the 16 pages. My total days of service is 4 years and 220 days and I week in an organization which works five days a week. Am I Eligible for gratuity?. Regards, Karthikeyan

Rashid (Business Man)     13 August 2014

Hi, I worked in Private Limited Company for 4 Yrs 7 month, and was earning Rs.22,000/- Avg per month and now I resigned the company, I would like to know the information that am I eligible for gratuity, If I am eligible what would be my gratuity amount and how they calculate, need clarification.

Thanks,

S.Rashid,

Kumar Doab (FIN)     14 September 2014

@ Karthikeyan,

It has been discussed in this and many other threads at:

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

 

Since the establishment works for 5days/week and you have worked>190 days you are eligible.

Kumar Doab (FIN)     14 September 2014

@ Rashid,

If the establishment works for 5/6 days per week and you have worked for 190/240 days in a year you are eligible.

The employer should supply the notice of determination of Gratuity and payment on its own within 30 dasy from having become eligible…………………………………………..and Employee may also submit FormI under proper acknowledgment.

There are many threads on similar query at:

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

 

including this thread.

You can download the formulae of calculation also and calculate yourself.

 

 

 

Kumar Doab (FIN)     14 September 2014

@ Rashid,

If the establishment works for 5/6 days per week and you have worked for 190/240 days in a year you are eligible.

The employer should supply the notice of determination of Gratuity and payment on its own within 30 dasy from having become eligible…………………………………………..and Employee may also submit FormI under proper acknowledgment.

There are many threads on similar query at:

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

 

including this thread.

You can download the formulae of calculation also and calculate yourself.

 

 

 

anil mehrotra (assistant)     15 September 2014

Respected sir,

Kindly guide me, how can calculate the working period from 16.06.2008 to 30.04.2013 in the organization in excel file for taking into consideration for filing of our gratuity case to the competent  authority and also confirm whether i am eligibile for gratuity or not.

Regards,

A K Mehrotra

Kumar Doab (FIN)     17 September 2014

It has been done in this thread and other too.

It does not require any illustration.Take help from elders in the family and your lawyer.

Count on extra day from leap years.......................................

Does it come out to be 4Y10M17D?

Kishen Srinivasan (Self)     22 October 2014

Hi, I have a query regarding gratuity eligibility.

I understand that 240 days worked in the fifth year will be deemed as completed 1year and hence eligible for gratuity. 240 days is 8 months ie.240/30=8.

my query:

a. will Feb month also be concidered as 30 days

b. this is a little difficult: I have 30 days of eligible leaves which I have not taken at the time of leaving the company. This will be encashed during my final settlement. Can or Will this 30 days also be added to the 240 days (in order to make it 1 year if I am falling short of 240 days). I ask this because they are encashing my leave which means I could have taken.

Thanks

Shailendra Chaudhari (Research Scientist)     03 November 2014

Dear Sir,

I Joined an Organization on 16/06/2006 & now i had resigned on 13/10/2014 to the organization & my date of releaving will be 19/12/2014 or 25/12/2014. So i have doubt that for much year of Graduaty i have eligible i.e. for 8 years or 9 years. kindly reply for the same.

 

Thanks & hope for responce.

Kumar P (Software Eng)     04 November 2014

Hi All,

This is Kumar, I have completed 4 yrs 253 Days in my previous Origination, I have joined on 23-Nov-2009 and my last date in my previous org is 01-Aug-2014. And working days in week are 5 days. My Previous Org located in Mumbai. And I have verbal communication with my HR team regarding gratuity, they told me that I am not eligible for the gratuity for the same period of 4 yrs 253 days. What they saying is that I have to complete full 5 yrs in the org then only I will be eligible for the gratuity. mean while I will take Mail communication for the same too later.

1. If the previous org will conform in mail saying that I am not eligible for gratuity, what I need to do shell I file case in court, how and where I need to reach either Mumbai (my previous org headquarters in Mumbai)  OR in Bangalore where I am working?

2. If the previous org is not wants to conform me in mail regarding I am NOT eligible for gratuity, what’s my next step?

Thanks In advance.

Kumar P.

Manoj Yadav (Software Engineer)     13 November 2014

I have been working with a software startup since March 2010 and my last working day with that company was on 30-Sep 2014. Company is working 5 days in a week since last 3 years and currently has 150 plus employees in India.

I have completed more than 4 years and 190 days with this company and as per my knowledge I eligible for gratuity. I have followed up with the HR through mails regarding this. However they are denying my claim saying that I'm not eligible. Below is the last mail I received from the legal team.

Please note Gratuity Act is applicable to the Company and not the employee. Employee is a beneficiary under the Act only after completing 5 years employment or existence of the entity, whichever is later. In our case Gratuity Act is applicable from June 2011, when we crossed 10 employees. Theoretically speaking our company will touch 5 years under Gratuity Act in FY 2015-16. Whereas when you resigned, our company completed approximately Three and Half years under the applicable Act. Based on this premise, sorry to say, we missed opportunity to compensate you with Gratuity  benefit available under the Act

Need your kind advice on - who is right here. Thank you for expert comments in advance.

 

Best regards,

Manoj

ASIF KHAN (Compl Mgr)     13 November 2014

Dear Sir,

I have been working in an MNC for the last 8 years from Aug 2006.

In Oct 2008, I moved to the company headquarters in Europe on a special assignment and returned back in Dec 2009 to the same organization in India.

While moving to Europe, I was asked to resign from the Indian Organization and took up the assignement in Europe.

In Dec 2009, I rejoined the Indian organization on completion of my assignment abroad.

Please advice / clarify whether the gratuity period will be counted for the full 8 years or lesser.

 

With Regards

Asif Khan

 

 

Hari (Software Engineer)     28 December 2014

Dear Sir , 

I am working as a software engineer in bangalore for the last  4.8 years in a single company based on Kerala. 5 days in a week I have to work and now I got a offer from another company and I am about to quit from present organization . I have 2 Months of notice period and hence I will complete 4.10 years in the present company .  Does I will get gratuity , if not could you please let me know how much I am loosing here . my basic is 11163 and gratuity is 568 in salary structure .  

I am humbly requesting your expert advice here , based on that I need to think whether I need to quit or not . i

Hari (Software Engineer)     28 December 2014

Dear Sir , 

I am working as a software engineer in bangalore for the last  4.8 years in a single company based on Kerala. 5 days in a week I have to work and now I got a offer from another company and I am about to quit from present organization . I have 2 Months of notice period and hence I will complete 4.10 years in the present company .  Does I will get gratuity , if not could you please let me know how much I am loosing here . my basic is 11163 and gratuity is 568 in salary structure .  

I am humbly requesting your expert advice here , based on that I need to think whether I need to quit or not . i

Kumar Doab (FIN)     28 December 2014

 

@ Hari,

Your query has also been answered in another thread at:

 

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=111887&offset=2#.VKAEYoBYA


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