claim of gratuity
hit narayan singh
(Querist) 02 July 2008
This query is : Resolved
i am working in a pvt. ltd.co.since 06.06.05 my date of birth is 20.12.1949 now accoding to co.rule i am retring in july at 58 years age can i claim gratuity
Guest
(Expert) 03 July 2008
Was a deduction or contribution made on your behalf by the Pvt. Ltd. Company. You can know this from the pay slip or from your IT return.
If there is contribution you have the right. Or else, the company may not provide gratuity for workers below five years of service.
Prakash Yedhula
(Expert) 03 July 2008
You are entitled to gratuity only in case you have completed a continuous period of 5 years of service. See the provision below:
4. PAYMENT OF GRATUITY.- (1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, - (a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease : Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement :
Provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.
Explanation : For the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement.
(2) For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages based on the rate of wages last drawn by the employee concerned :
Provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account :
Provided further that in the case of an employee who is employed in a seasonal establishment and who is not so employed throughout the year, the employer shall pay the gratuity at the rate of seven days' wages for each season.
Explanation : In the case of a monthly rated employee, the fifteen days' wages shall be calculated by dividing the monthly rate of wages last drawn by him by twenty-six and multiplying the quotient by fifteen.
H. S. Thukral
(Expert) 03 July 2008
Since yur service at the time of retirement shall be less than five years you shall not be entitiled to any Gratuity.
