Gratuity applicability
Rizwan Pathan
(Querist) 17 April 2015
This query is : Resolved
Dear Experts,
A Person has completed 5.6 years of service in an organization but in a 3rd year of service he is total mandays (including leave and holiday reaches to 190 days only.
Hence in above case a person is eligible to get applicability under five year of rule.
if yes then would he be eligible to claim gratuity of year in which he worked for 190 days only.
Your earlier help on above would be highly appreciated.
Thanks & regards,
Rizwan Pathan
Guest
(Expert) 17 April 2015
State your real problem, if you have any, instead of your academic query.
Rizwan Pathan
(Querist) 17 April 2015
Dear Sir,
This is the real quarry that I came across, and person has asked my guidance as his contractor is not giving him gratuity by considering above information.
You are requested to help plz.
Regards,
Rizwan
Guest
(Expert) 17 April 2015
Being executive HR, you have to keep such knowledge at your tips, as you have to deal with such cases frequently. Better go through the Payment of Gratuity Act.
However, if he has not yet applied, he may first apply in Form-I to his employer for payment of gratuity.
Rajendra K Goyal
(Expert) 18 April 2015
First he should apply for the Gratuity on prescribed form.
Kumar Doab
(Expert) 19 April 2015
The employee may submit a written communication under proper acknowledgment addressed to appointing authority,MD,Chairman.................. that notice of determination of Gratuity and payment of Gratuity has not been supplied to him till date and FormI is attached..........and that notice of determination of Gratuity and payment
of Gratuity be supplied by Redg. Post only so as to reach him in say another........15 days.......
During leave and holidays person is under employment. What matters is that person should be in employment.
The establishment works for how many day/week:::: 6 or less than 6, and in particular during the 3rd year?
What is his DOJ and DOL?
Why he was able to work for 190 days only?
