6 year service but 3rd year working days are less than 200

Just claim the gratuity in writing. Send FORM I to the managment under registered/ speed post. Let the management deny the payment in writing. Thereafter, you may approach the Controlling authority to claim gratuity under the law.

Originally posted by : Ritesh Maity
	Just claim the gratuity in writing. Send FORM I to the managment under registered/ speed post. Let the management deny the payment in writing. Thereafter, you may approach the Controlling authority to claim gratuity under the law.

 

sir, I would like to thank you for guide line one Last Question still in the mind is as follows.

1) Does 240 Days presenty for 5 consecutive year are compulsory to qualify Gratuity?

2)  Minimum 5 years of Service will do despite of short fall for 240 days presenty in some of the years?

kindly guide me

sir, I would like to thank you for guide line one Last Question still in the mind is as follows.

1) Does 240 Days presenty for 5 consecutive year are compulsory to qualify Gratuity?

2)  Minimum 5 years of Service will do despite of short fall for 240 days presenty in some of the years?

kindly guide me
 

you are entitled to gratuity for those years in which 240 days are complete. You have worked with the employer for more than 10 years and completed 240 days in 7 years. Thus, gratuity is payable to you for these seven years. Submit your application in Form N to the Controlling Authority of your jurisdiction for directions u/ the Payment of Gratuity Act, 1972. Let the employer contest the case before the authority.

 

you are entitled to gratuity for those years in which 240 days are complete. You have worked with the employer for more than 10 years and completed 240 days in 7 years. Thus, gratuity is payable to you for these seven years. Submit your application in Form N to the Controlling Authority of your jurisdiction for directions u/ the Payment of Gratuity Act, 1972. Let the employer contest the case before the authority.

 

The establishment used to work for 6 days/week or less than 6days/week in these years?

Have you submitted FormI under proper acknowledgment?

Has the establishment supplied Notice of Determiantion of Gratuity?

Why employees are not able to work for 240 days/year, in some years?

Or all that you have posted is verbal.

As suggested complete the forms and do the needful. Actually, Sectin 2 A (1)of the Act talks about continuous service and in this section it does not demand 240 days in every calendar year. If the employer has not terminated the services during that period, irrespective of how many days he worked, if he has completed 5 years, he will be entitled to the gratutity. Only if he does not have continues service, then Section 2(A)(2) comes into play, where 240 days is mandatory to treat it as "deemed continuous service". So, as suggested by other friends, file the requisite forms and get gratuity as per law. Your employer is misleading you by saying that you are not entitled to gratuity by misinterpreting the law.

Start counting from DOJ and count upto LWD.

You are  apparently being tricked.

Assuming that you joined on 13 May 2016 so your DOJ is: 13/05/2016.

 

Count 1st year from DOJ and then NO. of days worked.

 

So on.

Also post:Why employees are not able to work for 240 days/year, in some years?

What kind of establishment it is?

Does it not work every day, every month, whole year?