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Harsha   07 April 2016

Gratuity eligibility

Hi All,

With due respect to you all. I need small information from you all.

I am working in Wipro and Date of joining was on 3rd Oct 2011 and resinged today (4th Apr '16) and my last working day is on 5th June '16. Please find my company policy below and do let me know whether I will be eligible to get Gratuity. We work for 5 days a week and as per the below policy, it is said 4yr & 190 Working days, excluding week Off. I am confused here. If I am not eligible, please let me know till what date I need to work, to get the eligibliity?

Policy

Gratuity is one of the mandatory retirement benefits. The objective of Gratuity is to provide a lump sum benefit upon retirement, death or separation after completion of specified period of service. This is a statutory payment as per the Payment of Gratuity Act, 1972. Gratuity payment of eligible employees for their service period of not less than 4 years and 190 working days* will be paid as part of their final settlement. Wipro has taken life insurance coverage to meet obligations of gratuity. EDLI and any other statutory benefit payable in the event of death of employees while in service. *working days includes Sick Leaves, National Holidays and Annual Leaves and excludes weekly-offs, Leave Without Pay (LWP) and Extended Maternity Leave

Eligibility: __________________________________________________________________________________________ Eligibility & Payout condition : Coverage All employees on India Payroll Condition for Payout  In case of Separation due to resignation, retirement - Gratuity is payable to you on separation after you have rendered continuous service for not less than 4 years and 190 working days.  In the case of termination of employment due to death or total and permanent disability of the employee, the condition of years of continuous service as explained above is not applicable

 

 

 



Learning

 3 Replies

Kumar Doab (FIN)     08 April 2016

The establishment has accepted applicable Act as Payment of Gratuity Act, 1972.

All off days/holidays/approved leave etc is counted in servic eperiod.

1. You can withdraw notice/resignation before acceptance and tender another one to clear 190days as per internal/private policy of the establsihment.

2. You can interact with designated person in company and/or ALC-Central of your area.

3. You can seek advise and support from IT/ITeS employees unions/trade unions, Labor Law Consultant.

Advocate Amit Kumar (PRACTISE)     08 April 2016

2016 - 06 - 05 2011 - 10 - 03 4 years - 8 Months - 2 days No,you are not completing 5 Years of service....so you are not eligible for Gratuity.

Kumar Doab (FIN)     08 April 2016

As per the Act you should have worked for 190days in a year and in 5th year.

There are many threads on similar query in both forum/experts section.

You may go thru these and you can download the judgments as well.

You can submit FormI under proepr acknowledgment 30 days before LWD/on LWD/After LWD. However submit in reasonable time. 


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