Gratuity eligibility

The employee should be aware of basics and read to gt updated and also consult elders of the family, competent and experienced well wishers, seasoned employees/trade union leaders to remain properly informed.

You may go thru: Payment of Gratuity Act,1972;S; 2,2A, 4,7

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

Calculate Gratuity: { (Basic+DA)/26*15*No. of years in service}

(Basic+DA) is as per last drawn salary.

NO. of years; If employee has worked for more than 5 calendar years then for last year take period

> 6 months=1Y

< 6 months=0Y 

 

In your case as pr details posted by you, you might be eligible if you have worked for 4Y190D from DOJ to LWD…………….and 190D in each year…

Understand date of reference and count carefully.

It is easy.

GO thru Sec;2A carefully.

Hi All,

I joined an organisation on 07.09.2007. For the purpose of gratuity eligibility for 11th year, which date will be taken into consideration---07/03 or 08//03 or any other day. We have a 5 day week

Count each year from DOJ............

If in 11th year employee has worked in excess of 6 months then employer is to pay Gratuity for 11 years............

If not employer shall pay for 10years..

Dear Mr. Kumar,

Thank you so much for very valuable reply!

The following calculation done for my gratuity eligibility:

2nd May 2013 to 1st May 2014 = 1st Year

2nd May 2014 to 1st May 2015 = 2nd Year

2nd May 2015 to 1st May 2016 = 3rd Year

2nd May 2016 to 1st May 2017 = 4th Year

2nd May 2017 to 31st Dec 2017 = 243 Days

By 31st Dec 2017 I would have completed 4 Years 243 days. 

However as per clause I should I have completed 190 actual working days incase 5 working days in a week or 240 days actual working days in other case. So these 190 or 240 days including saturday & sunday or without saturday & sunday? 23 days Privilege leave (Paid Leaves) taken by me included in 243 days so does it affect eligibility? We have 5 days working in a week.

Thanks & regards,

Deepak

Dear All,

Could you please reply on my query?

Thanks & regards,

Deepak.

It is good that you have made an effort.

The Act speaks of date of reference and preceding years in sections already posted.

The off days are counted.

Hope your leaves if any are duly approved.

Write to employer that ‘Notice of Determination of Gratuity’, and payment and requisite forms in any has not been supplied and may be supplied immediately by letter thru Redg. post.

You may also go thru;

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

7……Provided that where the date of superannuation or retirement of an employee is known, the employee may apply to the employer before thirty days of the date of superannuation or retirement.

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

Similar query is also posted at:

https://www.lawyersclubindia.com/forum/Grauity-eligiblity-157568.asp

You are welcome.