Gratuity payment
Shakeel
(Querist) 20 January 2018
This query is : Resolved
Hi, I want to know about gratuity payment if my joining is 7 Jun 2011 and date of living is 6 Dec 2017 then gratuity will be paid for six years or seven years.
Isaac Gabriel
(Expert) 20 January 2018
Minimum service for gratuity is five years.
Guest
(Expert) 20 January 2018
Insufficient information. All depends upon No. of conditions, including the No. of employees of your company. So, period of service wise, you are eligible, but depends further upon whether your organisation falls within the ambit of the Payment of Gratuity Act or not.
Sudhir Kumar, Advocate
(Expert) 20 January 2018
Section 1 of Payment of Grauity Act states that
(1) This Act may be called the Payment of Gratuity Act, 1972.
(2) It extends to the whole of India: Provided that in so far as it relates to plantations or ports, it shall not extend to the State of Jammu and Kashmir.
(3) It shall apply to –
(a) every factory, mine, oilfield, plantation, port and railway company;
(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
(c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.
(3A) A shop or establishment to which this Act has become applicable shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time after it has become so applicable falls below ten.
(4) It shall come into force on such date as the Central Government may, by notification, appoint.
Susmita
(Expert) 20 January 2018
Sorry, I am not agree with Mr. Sudhir Sir. As, Gratuity claim can be made against private companies even though they are not under Govt. Private employees are also eligible for gratuity claim but it depends upon the number of employee.
P. Venu
(Expert) 20 January 2018
Was your employment covered by Payment of Gratuity Act?
Guest
(Expert) 20 January 2018
Hazy description. …………….
Dr J C Vashista
(Expert) 20 January 2018
Incomplete details of facts.
Consult a local lawyer with full facts for analyses and guidance.
Kumar Doab
(Expert) 20 January 2018
If the establishment is covered by Payment of Gratuity Act, 1972;
You may go thru: Payment of Gratuity Act,1972; S; 2,2A,4,7,9
http://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf
Calculate Gratuity: { (Basic+DA)/26*15*No. of years in service}
(Basic+DA) is as per last drawn salary.
NO. of years; If employee has worked for more than 5 calendar years then for last year take period
> 6 months=1Y
< 6 months=0Y
So IT is simple and calculate yourself.
Start from Date of reference, LWD and count upto DOJ
Kumar Doab
(Expert) 20 January 2018
If payment of Gratuity is not made within 30days from LWD the interest @10% is applicable for the delayed period.
The employer can superior benefits but not inferior and offer better terms of gratuity..
Write under proper acknowledgment to establishment that ‘Notice of determination of Gratuity’, payment and any forms etc has not been supplied to you and be supplied to you immediately by Redg. Post from post office.
Kumar Doab
(Expert) 21 January 2018
Same Query;
http://www.lawyersclubindia.com/experts/Clarity-on-gratuity-payment-669376.asp
Kumar Doab
(Expert) 21 January 2018
Dear LCI Querist @ Shakeel;
Is IT and other thread also an academic or hypothetical query?
Kumar Doab
(Expert) 21 January 2018
and
all threads
http://www.lawyersclubindia.com/experts/Clarity-on-gratuity-payment-669446.asp
http://www.lawyersclubindia.com/experts/Clarity-on-gratuity-payment-669441.asp
http://www.lawyersclubindia.com/experts/Gratuity-payment-669256.asp
http://www.lawyersclubindia.com/experts/Clarity-on-gratuity-payment-669376.asp
Kumar Doab
(Expert) 21 January 2018
Dear LCI Querist @ Shakeel;
Is IT and other threads also an academic or hypothetical query?
As abused by an entity .........IT=@PSD with multiple fake ID's many of which have been blocked/blackened/shunted out..........
Guest
(Expert) 22 January 2018
You may or may not receive gratuity for your academic query, but Mr. Kumar Doab, a fake expert, has duly received his gratuity in the shape of scores to his credit for making 6 (six) unnecessary and irrelevant posts by playing a number game against your single simple question as of his chronic habit.
T. Kalaiselvan, Advocate
(Expert) 24 January 2018
Answer to your query is seven years,without going into the details of your eligibility of gratuity payment or whether the company is covered under the gratuity protection act or not
