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Amit Mehta   21 September 2016

Gratuity payment for icici bank - 4 years and 204 days

Dear All

I worked with ICICI Bank for 4 years and 204 days (from 11 June 2008 to 31 Dec 2012). I worked in a department where we always had 5 days working. Am I eligible for Gratuity. So far I have not been made payment by Bank and they are saying that it should be 4 years and 240 days. 

Also just to add on my last day I was paid 25 days of leave encashment (by Bank) and separately I also had to pay 55 days of Notice period payout to Bank. Can these be included while calculating number of days worked with Bank ?



Learning

 5 Replies

Kumar Doab (FIN)     21 September 2016

You have posted that:

>>> "I worked in a department where we always had 5 days working."

Payment of Gratuity Act,1972: Sec;2(A): (2) (a) 

You should be eligible.

 

>>> "they are saying that it should be 4 years and 240 days. "

 

How are they saying it; verbally or in writing?

How did you ask: verbally or in writing?

 

>>> "I also had to pay 55 days of Notice period payout to Bank. "

 

Why so?

Did they demand in writing?

How did you pay?

Did you get acknowledgment?

 

Did you get FnF statement?

Was it reduced by notice pay?

 

1 Like

Amit Mehta   22 September 2016

Originally posted by : Kumar Doab

You have posted that:

>>> "I worked in a department where we always had 5 days working."

Payment of Gratuity Act,1972: Sec;2(A): (2) (a) 

You should be eligible. - Thanks for this.

 

>>> "they are saying that it should be 4 years and 240 days. "

 

How are they saying it; verbally or in writing? - Yes they have replied in writing on email

How did you ask: verbally or in writing? - Through email in wrtiting

 

>>> "I also had to pay 55 days of Notice period payout to Bank. "

 

Why so? - I had a stipulated 3 months notice period and i served only 35 days so I paid up for rest 55 days. I mentioned about it as I wanted to ask can I include these days as total number of days I worked with Bank for calculation of gratuity. In any case I worked for 4 years and 204 days and If I add these extra days (55 days of notice period and 25 days of leave encashment) then it makes it 4 year and 284 days.

Did they demand in writing? - Yes

How did you pay? - Through Cheque/DD

Did you get acknowledgment? - Yes I have that

 

Did you get FnF statement? - Yes

Was it reduced by notice pay? - No I paid notice pay separately and my FnF was settled separately.



 

 

Kumar Doab (FIN)     22 September 2016

Write to good offices of appointing authority, MD ( under proper acknowledgment) your office was operating 5days /week,and  that Notice of Determination of Gratuity and payment of Gratuity has not been supplied to you and that FormI is attached.

 

What was your designation and nature of duties?

 

Count service period from DOJ to LWD.

 

Amit Mehta   22 September 2016

Thanks a lot Kumar Sir

I have already emailed salary team of Bank about my request and warned them of legal recourse and now they have mentioned that they will revert by Monday (after initially saying No to my request). My designation was Manager and I was in Treasury.

Will let you know the response from bank.

 

 

Kumar Doab (FIN)     22 September 2016

Sec;9 describes; penalty and punishment with jail term;;;;to  'Whoever' avoids to pay Gratuity.

 


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