Gratuity
Soumya
(Querist) 14 September 2013
This query is : Resolved
Sir/Madam,
I was working in a software company from 2nd feb 2007 to april 30th 2013. during 1st july 2011 to 2nd jan 2012 I was on leave as I asked for leave for maternity.Company said maternity leave is 2 month and will pay for it and hence I too another 4 months which is loss of pay.
Now when I requested for gratuity company replies as below.
"we find that she has taken approximately 194 leaves during the year 2011-2012 and out of that Maternity leave is 56.
As per Gratuity Act, employee should work minimum 240 days in one financial year, but in this case she has not satisfied this condition.
As precautionary, we are obtaining expert opinion on the applicability of Gratuity payment."
So will i will not get gratuity? Experts please help.
Guest
(Expert) 14 September 2013
Your leave cannot be treated as an embargo to deny payment of gratuity unless your absence is treated as unauthorised absence and ordered to be treated as break in service in accordance with the standing order, rules or regulations governing the employees of the establishment.
Even otherwise also, as per your description, you have put in more than 6 years of service (2nd feb 2007 to april 30th 2013). If they deduct any part of unauthorised leave, your would still be having more than 5 years of qualifying service for payment of gratuity.
So, in my view, you are fully entitled to the payment of gratuity. Don't sit back just to wait for their taking expert's opinion. Send your application on Form-I by Registwered Post to claim your gratuity and pursue vigorously thereafter through correspondence (email & physical, both) to remind the management.
V R SHROFF
(Expert) 14 September 2013
u r eligible for Graduity
Rajendra K Goyal
(Expert) 14 September 2013
You are eligible for gratuity, send application as advised by the expert, PS Dhingra ji.
Ms.Nirmala P.Rao
(Expert) 14 September 2013
Dear Client,
The mandatory maternity leave is six months apart from other eligible leaves. Hence you can rightfully claim your gratuity as you've put in the required period of 240 days in a financial year. All employers in India are bound to follow the mandatory 180 days maternity leave for their employees as per the Maternity Benefit Act.
Ms.Nirmala P.Rao
Legal Expert
Sanjay K.Dhar
(Expert) 17 September 2013
You must have continous servie of 05 years for claiming gratuity under the Payment of Gratuity Act, 1972.Looking to the facts of your case employer cannot deny the right to gratuity.
