Gratuity Information Required
Sandesh Deshpande
(Querist) 12 July 2011
This query is : Resolved
Sir,
I worked for a private software company in Maharastra - Pune for the duration Aug 2006 to June 2011. I would like to know whether I would be entitled for Gratuity or not. According to me an employee needs to complete uniterrupted service with the employer for atleast min. of 5 yrs.
But recently I came across some article that if an employee completes around 4 yrs 10m and is in his 5th yr but has resigned before completing 5 yrs with the company he is entitled for gratuity.
I resigned before completing 5 yrs and have joined another organization now. So will I be able to claim for gratuity from my previous employer? What is the procedure for the same if I am entitled and what if the company says no then what all steps I need to follow to claim for it.
Awaiting for your response.
Thanks,
Sandesh
M.Sheik Mohammed Ali
(Expert) 12 July 2011
yes, you have rights to ask gratuity for previous company, if the company not to give you may complaint welfare office in district.
Sandesh Deshpande
(Querist) 21 July 2011
Hello Mr Sheik Mohammed,
I got a reply from the company saying that I am not eligible for gratuity as I have not completed 5 yrs with them.
I wanted to know whether the new amedment for claiming gratuity has been passed by the Govt if an employee has completed 4 yrs and 240 days? If yes then when has it been passed? As I have mentioned earlier that I left the company in June 2011 and it has been a month now will I be able to claim for my gratuity now?
Can any company pass a rule making it mandatory for gratuity payment that employee needs to complete minimum of 5 yrs? What steps could be taken if the company is not ready to pay me my gratuity if the Govt has passed the rule for payment of gratuity if emp has completed more than 4 yrs and 240 days?
Kindly advice.
Thanks,
Sandesh
