Gratuity calculation -reg
SIVAKUMAR
(Querist) 30 October 2015
This query is : Resolved
Dear All,
I am shiva Working 4 years and 8 months in my current organization,Its a private Limited Company which comes under shops & establishment act having 6 working days per week.My doubt is if i will resign with 1 month notice period am i eligible for gratuity claim? If i am eligible for gratuity but my company says i am not eligible what should i do for claiming my gratuity amount??.
My company calculating gratuity after an employee rendered service of 5 years on his actual working days of service except CL,MEDICAL LEAVE,NATIONAL & FESTIVAL HOLIDAYS most probably he will not get gratuity for 5 years.Is it right as per the Act? if i get explanation for all my queries i will be very kind of you all.
Regards,
Shiva
Anirudh
(Expert) 31 October 2015
You will be eligible for gratuity if you have served for 4 years and 240 days.
But, if your organization is insisting that a person should serve for 5 years, it will be advisable for you to complete the 5 years. I am suggesting this course, as your organisation will not give you the gratuity you have to approach court of law. That is time consuming and would involve expenditure. Having already worked for 4 y 8 months, it will be better to serve 4 more months. This will avoid all confusion/controversy.
The above suggestion is being made to you as a practical way -to avoid litigation and unnecessary expenditure, though as per law you will be entitled to gratuity on completion of 4 yrs. 240 days.
Kumar Doab
(Expert) 31 October 2015
Your counsels in Employee's/Trade Unions, Labor Law Consultant may opine that:
--- all off days, approved leave,holidays are counted in period of service..................Probation Period, Notice period served is counted in period of service.
---You may submit FormI under proper acknowledgment, preferably by Redg. post followed by scanned copies of FormI and receipt of Redg. Post, tracking report from Indiapost website/certified copy of run sheet of postman etc .
---If employee is retiring by notice of resignation/resignation FormI can be submitted 30 days prior to date of retirement/LWD/expiry of notice period.
---you can approach consumer forum also for payment of Gratuity.
---saying,telling,asking etc is all verbal mode of communication and is not on record and that you should transact in writing (by letter thru redg. Post or personal email id of forward the communication to personal email id) and obtain reply in writing.
Rajendra K Goyal
(Expert) 31 October 2015
You are eligible if served 4 years and 240 days, submit documents for claim after resigning.
K.S.Srinivas
(Expert) 31 October 2015
The employee is eligible for gratuity if he puts up a service of 4 years and 240 days in the fifth year. Hence, submit claim form to the employer as you eligible for gratuity.
