Gratuity regarding.
Ashish Nirala
(Querist) 05 August 2017
This query is : Resolved
My service with Private Limited Company is 4 Yrs and 8 Months (Approx)- DOJ 01-Nov-2012 and Date of Relieving is 08-Jul-2017.
whether i am eligible for Gratuity or not
if yes then let me know the rules if not please let me know why
Ur valuable comments will be appreciated..
Ms.Usha Kapoor
(Expert) 05 August 2017
As per section 7 of payment of gratuity act you are eligible to get gratuity.
Ms.Usha Kapoor
(Expert) 05 August 2017
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Ashish Nirala
(Querist) 05 August 2017
Ms. Usha Kapoor
Please mention the rules and act applicable in my case (My service with Private Limited Company is 4 Yrs and 8 Months Date of Joining 01-Nov-2012 and Date of Relieving is 08-Jul-2017. ) to get the Gratuity for the period 4 years and 8 months and 8 days.
2. Whether I am getting 5 years Gratuity or actual period of service 4 years and 8 months.
3. Whether any written request for Gratuity is essentially required or action taken by the HR department itself.
Rajendra K Goyal
(Expert) 05 August 2017
Please refer section 4 of the payment of Gratuity Act 1972.
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 the heirs.
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.
Ms.Usha Kapoor
(Expert) 05 August 2017
I AGREE WITH RK.Goyal.You will get 5 years gratuity.you apply to HR department in writing For claiming gratuity form I is used and for sanctioning the same form L is used. Formats, citations, case laws etc are not supplied here.You engage a good labour/service law lawyer and get these things done.
Dr J C Vashista
(Expert) 06 August 2017
Very well explained and advised by expert Mr. Rajendra K Goyal, I agree and appreciate.
