Query regarding gratuity period
Rajendra
(Querist) 21 October 2015
This query is : Resolved
After reading most of the replies I got to know that if you have completed 4 years and 8 months (240 days in last year) in continuous service then you become eligible for gratuity but if someone has completed 2 days less means 238 days in last year before leaving the service can he be eligible for the gratuity....please suggest me.
Kumar Doab
(Expert) 21 October 2015
Yes.
If the establishment works for less than 6days/week
And employer decided to pay by its sweet will.
Rajendra
(Querist) 23 October 2015
Thanks a lot both of you for ur responses.I used to had alternate Saturdays off so, I am confused how to calculate the days.
Please guide.
Kumar Doab
(Expert) 23 October 2015
Submit a gentle communication addressed to good offices of appointing authority,MD, under proper acknowledgment (by Redg. Post) that notice of determination of Gratuity and payment of Gratuity has not been supplied despite representation n office, and that FormI is attached.
Obtain POD from PO.
Let the company reply whatever it wants.
Download evidence of OT (beyond work hours=8/day, and unpaid OT.)
Apply your skills to convince the HR/Line Managers/good offices. There are chances that you may get it.
Based on the reply of the company to your communications and FormI you can explore the possibilities.
Rajendra
(Querist) 23 October 2015
Ok Sir. Thanks a lot for your piece of advise.
K.S.Srinivas
(Expert) 23 October 2015
Well advised by Sri Kumar Doab.
Kumar Doab
(Expert) 23 October 2015
You are welcome.
Transact in writing under proper acknowledgment.
Rajendra
(Querist) 26 October 2015
I made the calculation of my service duration which ends on 4 years and 239 days. I applied for gratuity but the employer is saying that your 240 days are not filled in the last year of the service so they are denying. They calculated the days as 6 days per week but as per the institute rule I used to have 2nd & 4th Saturday off so shall I again put the application to claim my gratuity any chances to get that?
Kumar Doab
(Expert) 26 October 2015
Saying,telling,asking are all verbal mode of communication.
Did you submit FormI?
Did employer reply in writing?
Submit FormI under proper acknowledgment.
Kumar Doab
(Expert) 26 October 2015
You may rake up the issue and contest that it was practically 5 days a week as a month has 4 weeks and 2nd/4th Saturday was off and last two weeks were 5 days a week.
6days/week or 5days/week or even lower is employer’s choice.
Establishment can ask the employee to work for 8hrs/day=48 hrs/week and beyond it OT is applicable.
Then there is a capping on OT hours.
Let us assume that employer decides to work for 6days/week and in month there are 25 working days.
Thus employee is at the disposal of employer to work for 1200 hrs.
The Payment of gratuity Act ;Sec2A ; as per language ……………..lays down that 240days/year if the establishment works for 6days/week……………………………………and 190days if establishment works for less than 6days/week (it does not state 5days/week or 5.5days/week etc) ………………………………..Thus anything less than 6days/week ………………………..is indeed less than 6days/week!
By its own choice employer has decided to work for less than 6days/week……………….Therefore it should pat Gratuity.
The Act is a social security tool and takes a pro employee stance.
Try to resolve thru your own skills, and don’t be afraid to reduce in writing under proper acknowledgment,…………………………….and if you can’t lean on seasoned employee’s/trade unions leaders……………………..then labor officials ……………..then court.
Kumar Doab
(Expert) 27 October 2015
You may also take into a/c OT hours and also leap years.
Resolve if you can with your own skills or lean on your counsels.
