Gratuity payment
Mridul
(Querist) 08 December 2013
This query is : Resolved
Hi sir/mam,
I have been in continued service with an organisation since 9th april 2009 and last day with company was 29 october 2013, am i eligible for gratuity withdrawal.
DOJ:09/04/2009.
DOR:29/10/2013.
Thanking you in advance.
Mridul Boruah
Nadeem Qureshi
(Expert) 08 December 2013
Dear Querist
Law Book (Bare Act,2004) i.e. The Payment of Gratuity Act,1972 (Publisher: Law Publishers () Pvt.Ltd. 18A-S.P.Marg,Post Box-1077,Allahabad-211 001. Phone:623735,623741 Fax-0532-622276.website: lawpublishersindia.com
1. 4 years and 6 months (190 days = 1 year) where the company follows 5 day a week.
2. 4 years and 8 months ( 240 days = 1 year) where the company follows 5 day a week.
Is eligible for gratuity.The payment of gratuity ( second amendment) act, 1984 clarifies this. One needs to calculate the no of years and service completion as follows.
A company which follows 5 day week
Doj 1.05.2000 -
01.05.2000 to 30.04.2001 - worked for 190 days
01.05.2001 to 30.04.2002 - worked for 190days.
http://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.UqRykPRDuuw
Mridul
(Querist) 08 December 2013
Does that mean i am eligible for gratuity , we followed 5 days/ week
V.T.Venkataram
(Expert) 09 December 2013
The Act states that you should have worked for a period of minimum 5 years.You have worked for 1662 days [ 1662 divided by 26= 63.92 months or 5.326 years]. Please note that for purposes of this act, one month =26 days. Since you have worked for than 5 years, you are entitled for Gratuity.
Gratuity shall be calculated as follows:
Last drawn wages *15/26 *completed years of service
Hope this helps.
Mridul
(Querist) 24 December 2013
Hi,
This is Mridul Boruah , the problem steps in now , the company i work for now refuses to pay my Gratuity inspites of several mails has not replied to it, should i take a legal course.
Please advise.
Regards.
Mridul Boruah
Govind
(Expert) 24 December 2013
serve management a legal notice for the same explaining your claim
Guest
(Expert) 24 December 2013
Yes eligible, if 5 days work week was being observed.
