Graduity eligible
RamakrishnaReddy
(Querist) 02 July 2013
This query is : Resolved
In my last organization i have joined on 08.09.2008, and i have left the company on 07.03.2013 my total service is 4.6yrs, as per my appointment letter i need to serve 3months notice period, in that i have served one month notice period and now they have recovered the balance two months gross salary in my F&F settlement.please confirm whether i am eligible for graduity?
my total service is 4.6 yrs after deduction of my two months notice period amount my total service will be 4.8 years
Rajendra K Goyal
(Expert) 02 July 2013
For payment of gratuity 5 years continuous service is eligibility criteria (Section 4(1) Payment of gratuity Act 1972). When an employee has completed 4 years and 240 Days in 5th year, he will be deemed to have completed fifth year of service in terms of section 2-A of the Act.
prabhakar singh
(Expert) 02 July 2013
No ! You are not!
By 4.6 yrs you might be saying for sure 4 years and 6 months and 6 months means only
180 days not 240 days.
Had it been 4 years and 8 months you could have.
R.K Nanda
(Expert) 02 July 2013
nothing to add.
RamakrishnaReddy
(Querist) 03 July 2013
my actual service is 4.6 yrs after that they deducted two months gross salary in my F&F settlement hence my total service is 4.8 yrs
plz clarify
Raj Kumar Makkad
(Expert) 03 July 2013
The deducted period/salary shall not be clubbed and thus the period of 4 years 240 days shall not be computed which shall ultimately deprive you from this benefit as per law.
