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shiva   26 July 2017

Gratuity

Dear sir, i am shiva i have an doubt for gratuity i have worked an organization 1 year 3 months i am eligible for gratuity


Learning

 11 Replies


(Guest)

No sir, Continous 5 years service is esssential as per payment of Gratuity Act, 1972.

Kumar Doab (FIN)     26 July 2017

If employer has provided better terms of Gratuity then you may be.

Check your appointment letter, any award, settlement that has been provided by employer making you eligible in said period.

 

Kumar Doab (FIN)     26 July 2017

Go thru: Payment of Gratuity Act,1972;4(5)

https://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

 

 

 

Kumar Doab (FIN)     26 July 2017

Employer can pay by its sweet will.

 

Priyanka Verma (Advocate, Pune Area)     26 July 2017

Agree with the opinion of Adv. Balachander Reddy...

(Guest)
Originally posted by : shiva
Dear sir,

i am shiva i have an doubt for gratuity i have worked an organization 1 year 3 months i am eligible for gratuity

 

As per legal provisions, 5 years of minimum service is the requirement for eligibility for gratuity.

 

Kumar Doab (FIN)     30 July 2017

As per provisions of the enactment that is a statue cited above you (employee) can very well be eligible.

Employer can pay by its sweet will.

 

Kumar Doab (FIN)     30 July 2017

If employer has mentioned Gratuity in CTC annexure then apply your skills like many other employees that have succeeded.

There are many threads on it at LCI also.......

 

I am sending the links to you.. 

Kumar Doab (FIN)     30 July 2017

Benefit from discussions in the thread and next time negotiate your pay package/payouts properly to mind your interest.....................

As per publications at LCI also many companies offerred Gratuity after completion of 2years...

You (employee) can negotiate and ask the employer toreduce the agreement in  writing and mention in apppointment letter, corrigendum, subsequent written communication from designated/competent employee preferably appointing authortiy,MD,CEO........... 

 

Kumar Doab (FIN)     30 July 2017

Generically speaking: Gratuity is 15 days salary/year @ Last drawn salary.........( Basic+DA)

Gratuity={ ( Basic+DA)/26*15*NO. of years in service}

 

So employee can negotiate fo equivalent and better provisions/benefits...

shiva   31 July 2017

Ok Thank you  sir,


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