Clarity between gratuity eligibility service (5 or 4.8 yrs)?

Has the HR personnel replied in writing?

This also discussed in this thread that if it 5days/week then it is 190 days..........

In any case you shall be working for 240 days.........and be eligible as discussed in this thread....

In another thread employee confirmed that he succeeded to get the Gratuity:

https://www.lawyersclubindia.com/forum/Gratuity-eligibility-5-years-or-4-years-240-days-111887.asp

You can submit FormI (attached in this thread) 30 days before LWD under proper acknowledgment with letter that notice of determination of Gratuity and payment be supplied to you on LWD and let company reply whatever it wants..........

You can draw the attention to penalty,punishment with jail time as in Sec;9

Thanks Kumar Doab Sir for your response.

Yes, the HR personnel replied in writing.

I have resigned effective today and my last day in the organization would be 28th February 2015. Please suggest my next step so that i can get the amount of gratuity.

Should I submit the form I now as you suggested or can i send the notice after i get my relieving letter on the last day?

Regards

Bharti

Obtain releivng letter ( with good comments and avoid without any comments) and submit FormI later under proper acknowledgment.

Dear All,

I have gone through many messages in this thread and got a point that

1. A person is eligible for gratuity if he/she works for 4 years 190 days in an organization which has 5 working day pattern

2. or he/she works for 4 years 240 day in an organization which has 6 days working pattern

Please correct me if I am wrong.

I worked in a software firm which has 5 days working pattern for 4 years 208 days and think that I am eligible for claiming the gratuity. 

I also got the point that if employee think he/she is eligible, he/she need to submit the Form I to employer to claim it.

My question is

1. Submitting Form I means exactly what? I didn't get how exactly we should submit it?

2. Do we need to just download Form I (given in the thread) edit it with our details and take print out and then send it to our employer's head office through registered post or what?

3. What is the proof that I will have except an acknowledgment slip in this case?

4. Or is there any online government facility to submit it?

5. If we know only address of employer and don't know exactly to which department we need to send it then what to write in To? And whom to send?

6. What will be the next step if after 30 days of receiving acknowledgment, your employer doesn't reply?

In simple words my question here is 'Submitting Form I means doing exactly what?'

Dear all please guide me the steps, your guidance will help me to proceed further.

Thank you for reading.

Regards,
Abhishek Rajput

@ Abhishek,

It is a repeated query by you and it has been replied in other thread initiated by you at:

https://www.lawyersclubindia.com/forum/Steps-to-submit-form-i-in-payment-of-gratuity-act-1972-116100.asp#.VM3-MC2qr5Y

For the benefit of one and all I am reproducing the post:

Thanks Kumar Doab Sir.... I will again connect after receiving the relieving letter from the company, if in any case there will be some clarification required.

Regards

Bharti 

@ Janasu,

2008/2012 are leap years and hence you may count 2 days extra.

4Y240D should entitle for payment of Gratuity.

Submit FormI under proper acknowledgment.

I have joined an organization on 24th June 2010, as per the discussion and clarification from expert lawyers I understood, I am eligible for gratuity from 20th Feb 2015 (i.e 4 years 240 days).

Can any one says YES or NO, if YES I will resign right away and will submit FORM-I, If NO, please tell me the eligibility date..!!!

@ Kumar Doab,

Thank you sir  for your reply.

I have asked our HR department  for gratuity payment. But they are telling that as per this organization i would be eligible for gratuity after completing 5 years. Please clarify whether the gratuity act would differ from organization to organization? 3 months back I have submitted  request letter to HR department  for gratuity payment . But they have not taken any action on that.

@ Janasu,

Saying and telling is verbal mode of communication and is not on record.

Did you submit FormI? And do you have acknowledgment?

What was this request letter submitted by you:::::Was it FormI? And do you have acknowledgment?

@Kumar Doab Sir,

I have not submitted Form I so far. I have sent a letter mentioning that gratuity is not paid at the time of my releaving and as per gratuity act i am eligible for gratuity payment as i have served 4 years and 253 days in your organization.  I took the copy of acknowledgement of that letter after submitting to them.

Our HR dept has taken this matter with our MD yesterday and he said as per company norms they are paying gratuity only after completing 5 years.

Please tell me whether gratuity act will change from company to company? or it is a universal act for all companies?

The Act is uniform.

It is reiterated that:

Saying and telling is verbal mode of communication and is not on record.

Submit FormI.

Let the employer himself or designated HR person  reply in writing.

Hi, I had similar issues. I joined an Manufacturing segment at Gujarat on 07/07/2010 and will be relieved on 15/03/2015 after an uninterrupted career of 4 years 251 days. The organisation works 6 days a week. Am I eleigible for Gratuity as per Act 1972?