Gratuity eligibility for employee working 5 days in a week
Maheshvjti
(Querist) 11 November 2015
This query is : Resolved
Dear all,
I wish you and your family HAPPY and Prosperous DIWALI.
I need your expert opinion / advice about gratuity eligibility for employee working in software company which works 5 days in a week.
I found many answers to this query and at the end I am not clear if 4 years 190 days criteria is applicable or its 4 years 240 days.
According to gratuity act even though it's mentioned under section 2, the interpretation of these criteria's are taken differently by company HR and employees.
I need your expert advice so that it can be justified to company HR person.
Kumar Doab
(Expert) 11 November 2015
190 days.
Company HR is no one and nobody to insert any private interpretation of a statue.
Submit FormI under proper acknowledgment.
Maheshvjti
(Querist) 11 November 2015
Thank you sir for your expert advice. I wish you and your family HAPPY and Prosperous DIWALI.
Rajendra K Goyal
(Expert) 12 November 2015
Opinion of Company HR not valid before law.
Maheshvjti
(Querist) 12 November 2015
Thank you sir and Happy DIWALI
Rajendra K Goyal
(Expert) 12 November 2015
Thanks for greeting and humbly reciprocate the same.
K.S.Srinivas
(Expert) 14 November 2015
It is 4 years 190 days if the company is working five days in a week.
Maheshvjti
(Querist) 27 February 2016
Hello Experts,
I received below reply from my previous company Employee Welfare Services officer for denying Gratuity for 4 years 190 days
*********************************
Dear Mahesh,
You may please refer the explanation given in the proviso under Section 2-A quoted by you in the mail below, which is reproduced herein below:
Add. by Act 22 of 1987 sec. 3 (w.e.f. 1.10.1987).[Explanation.- For the purpose of clause (2), the number of days on which an employee has actually worked under an employer shall include the days on which-
(i) he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under the Industrial Disputes Act, 1947 (14 of 1947), or under any other law applicable to the establishment;
(ii) he has been on leave with full wages, earned in the previous year;
(iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and
(iv) in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks].
This proviso deal with the number of days on which employee has actually worked under employer. It does not include the weekly holidays. Hence to assess the eligibility under Payment of Gratuity Act, employee should have actually worked under the employer for 190 working days.
In your case, you have not completed 190 working days in the 5th year of your employment with US, you will not be entitled for Payment of Gratuity under the section quoted by you.
***************************
If I understand message, 190 days need to be working days and no weekly holidays.
I need your expert view on this.
I have already submitted FORM I under proper Acknowledgement.
Kumar Doab
(Expert) 27 February 2016
You are entering into letter writing contest with HR, and more so thew so called 'Employee Welfare Service personnel'.
Weekly holidays are counted.
Escalate for the final and last time to good offices of appointing authority,MD,Chairman and demand payment with interest@10% within say next 7 days.
Similar query has been discussed many times and can be searched in Search option.
As per section;9 the 'WHOEVER' avoids to pay gratuity is liable to face penalty of Rs.20000/ with jail time of 6 months.
If you are unable to handle on your own entrust to our able counsel.
Kumar Doab
(Expert) 31 July 2016
Subsequent to your recent PM also:
Your company is engaged in avoiding to pay Gratuity.
The employer has pushed forward so called:'Employee Welfare Service personnel', to avoid payment of gratuity.
Employees of your company have recently united and agitated against employer and made the employer to bend and take back its repressive actions.
You have clear options:
1. Accept the arbitrary actions of employer and its attorney's in so called 'Employee Welfare Service personnel'.
2. Reject and agitate for your rights.
If you are unable to resolve on your own your may lean on your able counsel specializing in Labor/service matters.
Kumar Doab
(Expert) 01 August 2016
In extract of reply posted above the company deems to accept application of 190 days but interjects with another tantrum of that it does not include holidays.
Either they are poorly informed or they are willfully avoiding to pay gratuity.
