Payment of gratuity
KHS
(Querist) 26 July 2018
This query is : Resolved
Dear Sirs,
Greetings to one and all!
My ex-collegue who is working as Medical Officer in one NGO hospital for the last Four years 7months 7 days. The management has asked to submit resignaton with immediate effect 24/7/2018 in view of the advanced age. Since the Gratuity Act which says that
" For every completed year of service or part thereof in excess of six months, the employees, other than the seasonal employees are entitled to gratuity at the rate of fifteen days’ wages based on the rate of wages last drawn.
Kindly confirm as to whether he is eligible to claim gratuity. Look forward to invaluable support.
Dr. Deepika
Jacob Pratap
(Expert) 26 July 2018
Please calculate if it is 4 years and 240 days of service, he would be eligible to receive gratuity under the Act.
KHS
(Querist) 26 July 2018
With due respect to all the experts
Dear Sirs,
Thanks for the reply. Joined as Medical Officer on 17/02/2014. As per appointment order, notice period was two months on either side. On 24/07/2018, he was asked to submit resignation with immediate effect on the grounds of advanced age. While referring the Notice period of two months, the HR dept. stated that against Resignation, he will be paid Notice period salary (2 months) irrespective of attending duty for the Notice Period of two months. Presumably, this is all heppending to avoid Gratuity that he may eligible (inclusive of two months notice period [24/7/18 to 24/09/2018]. The total uninterrupted service period reaches to 217 days agaist mandatory period of 240 days. He has 20 days unavailed leave to his credit. Kindly advice action to be taken. As your goodself advised that continuous period should be 4 years and 240 days;thus there will be a shortfall of about 30 days.
Kindly advice.
Best regards,
Dr. Deepika
Jacob Pratap
(Expert) 03 August 2018
It is suggested not succumb to their pressure of submitting resignation. Ask them to give it in writing and with reason why should I resign. Indulge into correspondence with them whereby their motive of getting rid of you is exposed. Proceed on Earned leave. By that time you will be able to complete 240 days. Let them pass whatever order they want to pass against you, it will strengthen you case in a court of law, if you choose to file so. We can review further position. By that time, my other fellow experts may also be able to give some concrete solution to mitigate your stress and problem.
Best wishes and regards
