Gratuity eligibility 4 yrs 8 months

Originally posted by : Kumar Doab
	Originally posted by : Rittu Paran Thanks Mr. Dhingra for the reply, much appreciated. Cant do anything now, if I knew about 1 day costing me 1 year of Gratuity then definitely I would have spent 1 extra day. Ironically I served my notice less by few days and paid for serving lesser notice so got a hit from both ends.   Refer; Payment of Gratuity Act,1972; 4(2)(5) https://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf The employer can offer better terms and pay by its sweet will. From date of reference; DOJ to LWD ; 1st calculate; 1st year  then onwards and 190/240D in last year.For leap year take one day extra. Try if you can convince designated HR personnel or good offices of appointing authortiy,MD, CEO on both...

 

IT=@Kumar Doab,

Unless better terms for gratuity are offered by the employer at the offer of appointment stage, nobody can expect or compel the employer better terms at the end of the employment.

However, if Mr. Kumar Doab has any such specific court ruling that the employer should grant better terms of gratuity at the end of his service, if not offered at the time of offer of appointment, he may better provide the same to the querist for his benefit. There is no use for making vague assumptions beyond the scope of the prescribed Gratuity law just to confuse the querist.

 

Originally posted by : Kumar Doab
	Originally posted by : Dhingra, 1962dcg@gmail.com Originally posted by : Shrikant Hi Mr Dhingra, Thanks for answering my above query . However my company is denying to pay Grauity saying you are not eligible as there is short fall in 240 days . Can you pls guide me to take further action . Thanks in advance !!   Company is wrong, as your service period from 24th Dec. 2016 to 23rd Aug. 2017 works out to 240 days, which is more than 240 days. You may submit your claim in Form I and wait for reason for rejection. After that you can represent to the prescribed authority of your State Government.   In 'Notice of Determiantion' of Gratuity  what is the period calculated by Company? Avoid jumping to file complaint. The process may be long, Arduous. If you wish, discuss in the thread, and with elders of your famliy, seasoned employee's/trade union leaders, a very able LOCAL counsel specializing in Labor/service matters. Thereafter you may proceed as suitable to you.

 

IT=@Kumar Doab,

Originally posted by : Kumar Doab
	Originally posted by : Rittu Paran Thanks Mr. Dhingra for the reply, much appreciated. Cant do anything now, if I knew about 1 day costing me 1 year of Gratuity then definitely I would have spent 1 extra day. Ironically I served my notice less by few days and paid for serving lesser notice so got a hit from both ends.   As posted for LCI Querist @ Shrikant: 'Generic calculation is; You have worked for 4Y07M29D. Your establishment/designated HR personnel has calculated it less than 4Y240D, hence declared you ineligible; verbally or in writing.' Whereas soemone has posted that Shrikant has worked for more than 240days.   You may calculate as suggested in previous posts and try to resolve with your own skills. Many employees have resolved with thier skills and support of their counsels.   There are many threads by successful employees at LCI. On Notice Period/pay; Reply pointwise to all points and discuss further.

 

IT=@Kumar Doab,

It is quite meaningless to point out without providing link of any such thread of sucessful employees at LCI, where such employees would have received enhanced gratuity on not qualifying as per the Payment of Gratuity Act. Mr. Kumar Doab should better have avoided confusing the querist with any false hope as against the legal provisions of the Payment of Gratuity Act.

 

Originally posted by : JIGYASU: Legal Analyst
	Originally posted by : Kumar Doab Originally posted by : JIGYASU Originally posted by : Kumar Doab While posting such queries employee should post basic information! What is this establishment; Commercial, Industrial? What is its nature of business say; IT, ITeS? 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?   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……………?     @ Kumar Doab, Can you please clarify if your desired above mentioned long information can change the law relating to the payment of gratuity and also whether your own replied would get modified? Many times before, I sought clarification for what purpose such an information is required, but you never clarified. Can you please make me learn something out of your experience, if you please clarify about the purpose of asking such an information?  IT=@PSD,   You have already memorized that you can not ask any question from anyone and will not post any comment on anyone's post..................per clear instructions to you. You will not ask again.     Mr. Kumar Doab, Instead of replying to my query you have written a strange message by writing some code word, "IT=@PSD". Earlier I asked you to clarify about this code word also, but you always evaded replying on that point also. Please clarify my points.

 

Mr. Jigyasu,

As afgainst my earlier observation, could you receive any clarification from Mr. Kumar Doab, even after lapse of 9 days of your question to him?

I have already pointed out to you that suspected terrorists, like Kumar Doab, would never reveal his secrets and object, why he is acting in such a shady manner, specifically by misguiding with his vague and misleading advice and why he asks for such a big information from the querists.

Ultimately not only you, but other readers would also agree with me that Mr. Kumar Doab can only be a hardened criminal or a suspected terrorist in his hideout and appearing at this site with his fake identity just with some secret mission, probably to pick up some dissatisfied and disgruntled employees to compel them to become members of his terrorist group after applying their blackmailing tactics on the basis of the desired information, if supplied by the employees.

Originally posted by : Rittu Paran
	Hello Mr. Dhingra, I am again getting in touch for gratuity payment made to me for 7 years as i served 7 years and 6.0 months. Reason for my post is- there was a recent meeting which led to change in law governing gratuity (cap increased to 20L), want you expert opinion if there is any change to tenure as well which would entitle me to get 1 more year of gratuity? In one of the replies I was told I spent 7 years 5 months and 30 days where as July was 31 days so its 5 months 31 days. (DOJ 1 Feb 2010 Last date 31 July 2017) Rittu Paran

 

Mr. Rittu Paran,

You should not expect any change in Gratuity Act, except the enhanced threshold limit of amount of gratuity.

Hi Sir,

I am working in private firm in noida as a software engineer. I have completed 4 years and 10 months and left the company. I verbaly asked to HR for my Gratuity, they denied and told me that 5 years is eligibility.

My office is 5.5 days working (Alternete Saturday off). Can you please tell me am I eligible or not for Gratuity? If yes, how I can claim for it.

 

Thanks in advance,

Ritesh

Originally posted by : Ritesh Kumar
	Hi Sir, I am working in private firm in noida as a software engineer. I have completed 4 years and 10 months and left the company. I verbaly asked to HR for my Gratuity, they denied and told me that 5 years is eligibility. My office is 5.5 days working (Alternete Saturday off). Can you please tell me am I eligible or not for Gratuity? If yes, how I can claim for it.   Thanks in advance, Ritesh

 

Mr. Rajesh,

You are eligible for gratuity. You may send application in prescribed form I to claim gratuity. ZThey will have to pay within one month of the aplication.

 

As you mentioned Gratuity is eligible for 4 yeras 190 days (6 months), Is this mentioned in act or depend on the company rules,

As i didint resigned my job, due to project got closure dey made to reisgn the job.

Please clarify, as my company is teelingi am not eligible

DOJ: 14-08-2013

End of service-07.02.2018

 

@ Akshatha.N 
 

If you have ended your employment by tendering resignation which has been accepted then you have resigned on record…

6 months is not =190D

Generically speaking; you have worked for 04Y05M24D

And not eligible..

However if you have irrefutable written record or can establish you were retrenched, forced to resign  and are covered by provision for retrenchment compensation then you could pursue that recourse…

Hi All I am working in a BPO where we work for 24 days in a month. My joining date in the organization was 13/06/13. I am serving my notice period. I resigned on 21/2/18 and my last working day is 22/3/18. My total tenure in the organization is 4years 9 months and 9 days. Will I be eligible for gratuity?

Hi All I am working in a BPO where we work for 24 days in a month. My joining date in the organization was 13/06/13. I am serving my notice period. I resigned on 21/2/18 and my last working day is 22/3/18. My total tenure in the organization is 4years 9 months and 9 days. Will I be eligible for gratuity?

Probably you wish to post that establishment works for 6days/week.

Generically speaking; by LWD you would complete ;04Y09M09D

And should be eligible….

If Payment of Gratuity Act applies to establishment…

GO thru;

Payment of Gratuity Act,1972;1, 2,2A,7,9

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

There are many threads on similar query at LCI e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=157568&offset=1

and others posted in previous posts…

 

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,  and shall supply 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……………?

 

 

You may write NOW under proper acknowledgment to designated HR person and good offices of appointing authority, MD/CEO that the 'Notice of Determination of Gratuity', payment of Gratuity, and requisite form if any may be supplied to you…….and necessary arrangements may be made to pay on LWD…

Or after LWD and getting above mentioned docs………. As IT suits you since you are closest to employer and IT’s attorneys in Line Management/HR etc and are aware of their attitude towards you and your hassle free relieving….. So you may apply your own judgment…’
 

If establishment/employer does not tender payment within 30days of LWD then IT has to tender interest @10%pa for the delayed period…

 

 

Hello All,

Hope you are doing well