Gratuity - clarification - reg
Querist :
Anonymous
(Querist) 30 July 2018
This query is : Open
Sub: Gratuity - Eligibility Criteria - Clarification - Request - Reg.
Dear Sirs,
Your kind attention is invited to the above-cited subject.
I have been working as a Medical Officer in one NGO Hospital since 17/2/2014 to till date. As per the Appointment Order issued, Notice Period has been mentioned as Two Months on either side. In this hospital, there is no practice of Superannuation age even for freshers. All staff, irrespective of cadre, entitled for 09 days Earned leave and 21 days CL. Un-availed leave if any, shall be lapsed. Working hours: 9:00 am – 5:30 pm, 6 days a week. On 24/07/2018 the HR Dept, has verbally informed me that the Management has taken a decision to Superannuate/retire me in view of my advanced age (65 years) hence, my Resignation Date will be taken on record as 24/07/2018. (Kindly note, till date, neither No Letter of Resignation has been submitted by me nor the HR Dept has insisted submission of resignation).
The total uninterrupted working period is as follows [inclusive of Public Holidays, Sundays and Paid Leave]:-
17/02/ - 31/12/2014 . more than 240 days worked 1st Year
01/01/ - 31/12/2015 more than 240 days worked 2nd year
01/01/ - 31/12/2016 more than 240 days worked 3rd year
01/01/ - 31/12/2017 more than 240 days worked 4th year
Details of number
of working days in 2018 5th year
01/01/18 - 23/07/18 .
Jan 31 days
Feb 28 days
Mar 31 days
Apr 30 days
May 31 days
June 30 days
July 24 days = 205 days
Notice Period: 2 months.
24/07/2018 to 23/08/2018 31 days
24/08/2018 to 23/09/2018 31 days
Total no of days worked
in 2018 = 267 days
-----
Leave break up
Casual Leave availed :
(01/01/18 to 24/07/2018) 06 days
Earned Leave 09 days (entitled)
Un-availed CLs 15 days
Note: During Notice period, no employee is eligible to avail Leave, if so, same will be treated as Loss of Pay.
Subsequently, the HR Dept has come forward with an option of settling my account against payment of Notice Period Salary (two months 24/7/to 23/09/2018) and advised submission of resignation immediately. On going through the whole of the HR exercise, it seems to be an effort to avoid Gratuity which I am eligible for.
In view of the circumstances as envisaged, it is urged that matter may kindly be looked into in its own perspective and seek your invaluable advice for which act of kindness I shall ever grateful and thankful to you,
Best regards,
Very truly yours,
Sita.T
