Eligibility for graduaty calcuation resign date or lwd

 

 

While posting such queries employee should post basic information!

What is this establishment; Govt, Private and Commercial, Industrial?

What is its nature of business say; IT, ITeS?

Which Gratuity Act/Rules apply to IT e.g; Payment of Gratuity Act, 1972?

The establishment works for how many days/week ; 6 or less than 6?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Which is fixed pay day? Has salary not been paid on pay day?

Has salary slip been issued and supplied?

What is monthly salary and break up e.g; Basic +DA………?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

The HR person is neither lawmaker probably nor our employer/appointing authority also! He /she may at the most be just another employee that is process/calculate the claims! Download the Gratuity Act/Rules that apply to the establishment and carefully go thru the rules. ……. Assuming that IT is private commercial establishment and 10 persons were employed in it since your DOJ………. Count from LWD till DOJ and count no. of years/months/days…

You may go thru:

THE PAYMENT OF GRATUITY ACT, 1972; 1,2A,4,7

https://maitri.mahaonline.gov.in/pdf/payment-of-gratuity-act-1972.pdf

THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972-1

https://labour.gov.in/sites/default/files/ThePaymentofGratuityRules.pdf

 

As on date you have completed 04Y10M13D………….so you should be eligible.

Notice period is also counted in service period for all purposes including Gratuity.

 

The employer has to pay Gratuity within 30days from LWD or interest @10%pa has to be paid for the delayed period.

You (employee) may write under proper acknowledgment to good offices of appointing authority/MD/CEO  mentioning that ‘Notice of Determination of Gratuity’ and payment of Gratuity and requisite form ( say FormI)  if any may be supplied immediately.

Employee can submit FormI 30days before LWD (under proper acknowledgment) also.

According to Madras High court judgement 4 years & 240 days will do.

According to Madras High court judgement 4 years & 240 days will do.

The Act is a statue and has been amended many times...

The clauses/section are self explanatory and citation is not mandatory...