Hi,
I have read some of the articles here regarding the Gratuity Payment and would like to get the guidance in my case where in the DOJ- 25th March 2010 and LWD- 28th February 2015.
I have sent a note to the HR team and they denied to pay the Gratuity.
Please suggest if I am eligible for Gratuity, if yes, also suggest my next step.
Below is the response i have got from them on my query:
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"Hi Bharti
For a colleague to be entitled for gratuity ; has to render continuous services for not less than 5 years and only
exception is with respect to termination of employment in the event of his death and/or disablement.
Further, facts of Mettur Beard shell Ltd. case are different and not applicable in your case.
Accordingly, the policy and stand point of company that Gratuity is payable only upon completion of 5 years of
continuous service is as per the provisions of gratuity act only.
You may further refer to the gratuity act (extract given below for reference) to understand the exceptions.
‐‐‐
Thanks and regards,
India HR Shared Services
Corporate HR Staff
Noida
From: Bharti Sharma [mailto:bhartisharma@live.in]
Sent: Friday, June 26, 2015 1:29 PM
To: India HR Shared Services Center Mailbox
Subject: RE: FW: Re: FW: clearance
Thanks. I have received the check.
However, as per Payment of Gratuity Act, 1972:
Section: 2A
Continuous service.
For the purposes of this Act, -
(2)
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the
date with reference to which calculation is to be made, has actually worked under the employer for not less than
-
(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an
establishment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case;
(b) for the said period of six months, if the employee during the period of six calendar months preceding the
date with reference to which the calculation is to be made, has actually worked under the employer for not less
than -
(i) ninety-five days, in the case of an employee employed below the ground in a mine or in an establishment
which works for less than six days in a week; and
(ii) one hundred and twenty days, in any other case;
Please clarify and confirm.
Regards
Bharti"
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Regards
Bharti
.
