Gratuity is eligible in 4.8 years ?

@ Seema,

It has already been posted that;

'The employer has to supply the Notice of Determination of Gratuity and payment of gratuity within 30 days from LWD, even if there is no application by employer..........................OR interest @ 10%pa shall have to be paid to employee.'

You could have submitted FormI under proper acknowledgment.

Do you know a very able, senior, seasoned counsel specializing  in labor-service matters at your location?

@Kumar

 Thanks for replying , No i don't know , I am in pune, if you know coul dyou refer me the name so that i will contact with them. 

 one more request could you please tell me process for submitted Form I .

Waiting for reply

Regards,

Seema

The establishment has already declined to pay in writing, thru it HR personnel.

It is believed that this HR personnel is competent to accept or decline.

FormI is simple form that can be filled and submitted by Redg. Post as already explained to Prath in this thread.

You may send your contact details e.g; Full Name/ phone number/email id by PM alongwith weblink of this thread.

I shall try to suggest a very able and senior counsel. 

I have posted the suggestions by PM as well.

The establishment has already declined in writing to pay.

Your able counsel's help resolve the matter in your favor.

Hi  

I joined my organisation on 5th Dec'2011 and leaving now by 15th July'2016 can anyone help me to know whether I will be eligible for gratuity or not. My organisation workes with monthly 2 Saturday off. So how this 240 days of last year to be calculated and what should be my last working date to be eligible. Thanks

Hi  

I joined my organisation on 5th Dec'2011 and leaving now by 15th July'2016 can anyone help me to know whether I will be eligible for gratuity or not. My organisation workes with monthly 2 Saturday off. So how this 240 days of last year to be calculated and what should be my last working date to be eligible. Thanks

@ Bharat Choudhary,

You seem to be completing 04Y07M10D.

The establishment works for how many days/week; 06 or < 6?

If it is 6days/week then you won't be eligible.

@ Bharat Vyas,

You have posted that:

'Can this ground be enough to make me eligible. If you feel you can call me @ 7874236336.'

You are asking the Experts to call you on phone!

Are you not content that you are getting free advise and response in your complicated matters.

Hi Kumar, This was not intended any dis-respect by asking to call, was eager to understand this and hence have mentioned my nos. My bad if you felt offence. pl. re-advise on my queries. for 2 days week off in a month.

B. Vyas

@ Bharat Vyas,

Try by pointing out that 6 days/week, not every week is less than 6 days/week.

Hi Kumar

To be more precise we were allowed to take 1st and 3rd saturday as week off. So two week we works for 5 days and remaining weeks for 6 days.

Any public holiday/festival (declared holiday by the company) will also be counted as working days ?

So in my case 5th working year starts from 5th Dec-2015 and I was releaved on 14th July-16. Last workig date was decided by the company as my notice period was supposed to be completed on 5th Aug-16. So can this be a ground to get unserved notice period get considered in gratuity maturity calculation. Even I was having 15 paid leave as balance when I left.

Pl. help me with options available so I can put my claims accordingly with the company.

Thanks.

It has already been posted that: Try by pointing out that 6 days/week, not every week is less than 6 days/week.

Do you have copy of notice of resignation tendered by you and its proof of disptach and POD Or its written acknowledgment by the company?

Did you mentione notice period/LWD/Date of expiry of notice period in it?

Did the company issue correct FnF statement and compute notice pay for remaining period of notice tendered by you/Bonus/Leave encashment/incentives/OT/earned wages, Form16 as per correct FnF statement, acknowledgment of notice/final resignation,servci ecertificate, relieving letter, PF number and a/c slips, ESIC card, NOC/NDC, handover of charge/assets etc etc?

Hello Kumar

Not clear what you mean to say by "6 days/week, not every week is less than 6 days/week."

I have submitted my resignation on mail which company has accepted on mail and in acceptance only they have said I can be releived on 14th July. On which I reverted with my notice period and have also indicated on my gratuity. Then HR head has replied on the mail saying my relievign is as per company process and gratuity claim will be seen as per merit basis.  I do mentioned about my notice period in the same mail conversation.

I have my relieving letter and so far the FnF is not received (they will do the FnF in 60 days). As per HR, company will pay me the unserved notice period's pay too. Thx

It si simple to understand that: 

"6 days/week, not every week ( in a month) is less than 6 days/week."'

You have posted that:

"I have submitted my resignation on mail which company has accepted on mail and in acceptance only they have said I can be releived on 14th July. On which I reverted with my notice period and have also indicated on my gratuity. Then HR head has replied on the mail saying my relievign is as per company process and gratuity claim will be seen as per merit basis.  I do mentioned about my notice period in the same mail conversation......................As per HR, company will pay me the unserved notice period's pay too. "

There are decisions that resignation can not accepted before expiry of notice period.

Employee can reject the offer of employer to tender notice pay in lieu of notice period.

You can claim the break is artificial and caused so as to avoid payment of Gratuity.

Beyond this if you are still unable to resoilve then you may engage a very able consel specializing in labor/service matters.