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

Hi Sir,

I had been working in a Indian MNC in chennai, my total years of experience is 4.11yrs 15 days,

i have been denied gratuity because of less than 5yrs,as per your thread in the lawyers club site , am aware  that i am eligible, pls let me know, how to proceed further , for legal action

Hi,

Request you to please help me in knowing wheather a person would eligible for gratuity or not.

A person joins the organization on: 19/07/2010

Resigns on: 31/07/2015

During this period s/he goes on a leave without pay from/to: 01/04/2014 - 28/02/2015

Requesting you assistance on the matter.

Regards.

The employees that are not members of any employee's unions/trade unions are ill informed.

The employee's that do  not speak to elders in the family, competent well wishers loose on a great resource.

The employee's that do not retain access to an able Labor Law Consultant/Service Matters Lawyer commit a blunder.

@ Guru,

It has been discussed unlimited number of times that if employer does not pay Gratuity within 30 days from LWD then it has to pay interest@10%p.a and employee can submit FormI (attached in this thread) preferbly by Redg. Post.

@ Karan,

Hope you have submitted leave application under proper acknowledgment and have the copy,proof od disptach/delivery.

It has been discussed that all approved leaves are counted.

I have Joined an IT organisation on 28th Feb, 2011. My work schedule includes Monday to Friday (5 Days a Week), Can you please help me to know till what date i will have to serve in this org with notice period in order to get eligible to receive my Graituty. Thanks in Advance.

@ Sameer,

The query that you have posted has been discussed 'n' number of times of times in this thread.

It has been discussed on this page also, just 4 posts above.

Count 4Y and No. of days worked in 5th year  From DOJ-LWD.

If compnay works for less than 6days/week then if you have worked for 190 days you shouild be eligible.

I had come across  publication that............
Supreme Courtís obiter in Kusum Ingots v. Union of India was referred by the Madras
High Court in Textile Technical Tradesmen Association v. Union of India to hold that a High Court's judgment on the constitutional validity of a central legislation will be applicable throughout the territory of India.

The payment of Gratuity is one of the tools for social security and so far the courts have taken pro employee stance.

This should help all querists to whom unscruplous employers/HR personnel have quoted that Madras High Court Judgment is not applicable in thier case.

This issue has been discussed  even by reasonable HR personnel at various good HR portals e.g:

https://www.citehr.com/515309-gratuity-eligibility-employee-notice-period.html
 

Madras High Court

Textile Technical Tradesmen ... vs Union Of India on 29 September, 2010

https://indiankanoon.org/doc/441531/?type=print

Supreme Court of India

M/S. Kusum Ingots & Alloys Ltd vs Union Of India And Anr on 28 April, 2004

https://indiankanoon.org/doc/1876565/?type=print

Hi  There,

I have worked with a firm for 4 years and 300+ days.i have left the firm and about to join new firm. My firm is now denying to pay Gratuity saying that Gratuity will be paid only after 5 years of service . I had a long conversation with the Compliance team of my Organization but they are not ready to accept.

I even told them that it is mentioned on Gratuity website of India but in vain.

Can someone please let me know the way forward ? Is there any body/person/community where i can complain and raise my concern ? I am based in Mumbai.

Regards,

Dilip Suthar. 

Similar query has been discussed in length in this thread.

Submit FormI under proper acknowledgment.

You can pusruse thru Employee's/Trade Unions/Labor Law Consultant......................

If required you can approach Controlling Authority of Gratuity.

Sir, I am contractor, one of the my contract period is 1 year but its extended to 3 year and 3 months.
department goes to deduct gratuity from my bills. the total my labour team is 28 nos. but he all are irregular e.g. 1 labour presence is 270 to 500 presence in all contract period. so how much department deduct my gratuity.

What is the effectve date of this changes?

What is the % of Gratuity deducted by Dept.?

Hi Sir,

I am working in private organization, my continuous service duration in the organization is from 10th Dec 2010 to 30th Nov 2015 (i.e 10 days less in 5 years).
As per gratuity act (as per above references) am eligible for gratuity.

But my organization is saying they have a trust where they submit your gratuity and the rule of that trust for gratuity eligibility is exactly 5 years. 
As per the trust am not eligible for gratuity. It this possible that any trust wont't follow the law of india.

Am eligible for gratuity ?.

 Please reply soon.

Thanks and Regards

  Sheroo Pratap

@ Sheroo Pratap,

It has been time and again highlighted in many threads that saying/telling/asking are are all verbal modes of communication and is not on written/irrefutable record, hence difficult to prove and burden of proof may fall upon you.

First of all download the Gratuity Rules of the establishment and Trust T&C etc too.

If these are not kept in your knwoledge domain and access then write that and demand to supply authenticated copy.

The Payment of Gratuity Act 1972, provides for mandatory insurance and establishment can form a trust to manage Gratuity.

You need to confirm whether the Act or some other Gratuity rules applies to the establishment.

As per the Act if the employee has worked for 240/190 days in a year (including off/holidays/approaved leave etc) then employee is eligible for payment of gratuity for that year.

You may reduce your verbal transactions in writing addressed to good offices of appointing authority,MD...........................under proper acknbowedgment................and let your cousnels draft your representations.

You may submit FormI under proepr acknowledgment.

Hi Sir,

I work for a Private Organization and my Date of Joining is 4th April 2011, I have quit the organization on 8thDec 2015, Please let me know if i am eligible for Gratuity as the organization denied me gratuaity saying i have completed 5 yrs or 4.8 (240 days), But I did complete 4.8 (240 days)

Its 5 days Working a week

They say my paid leaves are the reason i am not meeting 240 days.

Please clarify.

Help?

Thanks

Rishi