if you are worked minimum 4.7 months you will able to get gratuity.

Sir... If I'm eligible...can you please get me the notification data, so that the same can be shared with my previous organization for enquiring about my gratuity amount. It will act as a proof for me..

You may go thru Sec.2A of payment of Gratuity Act. Your comapny knows the Act. Ask for reply in writing.

You may go thru another thread in which detailed discussion has been made and learned experts and members have explained the eligibility for gratuity.

https://www.lawyersclubindia.com/forum/Re-Re-Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp

Forum Home > Labour & Service Law > Gratuity > Clarity between gratuity eligibility service (5 or 4.8 yrs)?

Sir,

i had with a limited company from 22.11.2006 to 31.08.2011, 4years+ 9months+8days. Please advice whether i am eligeable for the gratuity.

Regards

KumarT

Apparently you are eligible. It is believed you have rendered continous service and you were apprentice and your designation was not declared   trainee as per standing orders of the comapny.

In the thread given in above post it is described how to calculate period from date of reference.

Relate to Sec 2A.

Demand reply in writing from good offices of your appointing authority,MD,Company Scretary with a copy to Head-HR. Let them state their contentions in writing.

Sir,

Thanks so much for the reply. i was a Manager Business Development in this Mumbai based company, worked at chennai.  there is no break while in this period worked with them. The same 2A I  refered in my mail to them as follows
{" i would like to share that I came to know and understood though the consultant that worked 4 years and 240days in the 5th year  is eligible for the Gratuity. which is following in the below message."An employee rendering continuous servicefor a period of 240 days in a year will be deemed to have continuedin service for 'one year as stipulated by section 2A of the Act".}

But i got a reply from them as like below and refered over phone to me the rule 4  need to complete 5 years the but i am not aware that rule

"Have also checked and verified on the Gratuity front and regretto inform that you are not eligible for the same.You need to complete 5 years of service to be eligible for thesame…240 days applicability as stated by you is only once the firstcondition is fulfilled"

Please your advice how shall move further.

Thanks

Regards,

KumarT

Ask this man to reply in writing only and quote whatever he wishes to and clarify that you have demanded all replies in writing only.Subsequently you may write to good offices of appointing authority,MD,CEO, Company Secretary, with a copy to Head-HR to stop this man to communicate verbally and advice to reply in writing only.

Qualifying period
of service by an employee -Entitlement
of Gratuity - An employee
rendering continuous service for a period
of 240 days in a year will be
deemed to have continued in service
for 'one year as stipulated by section 2A
of the Act -Thus an employee who has
P.ut in service for 10 months and 18
days for the fifth year subsequent to
first 4 years should be deemed to have
completed continuous s6rvice of five
years -

Kindly go thru the act carefully and demand that the good offices supply you whatever their contention is in writing by letter on thier letterhead under thier original seal and signature by hand, thru redg/speed post only. You may mention that a self addressed postage prepaid envelope is enclosed herewith.

Payment of Gratuity Act, 1972

Section: 2A
Continuous service.

For the purposes of this Act, -

(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than -

(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and

(ii) two hundred and forty days, in any other case;

(b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than -

(i) ninety-five days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and

(ii) one hundred and twenty days, in any other case;

You may ask the good offices to refer to Sec.7 (2), (3),(3A), and Sec 8 also.

The employer has to pay the gratuity to the employee within one month of resignation or inform the reason for non payment. If the address of the Ex-employee is not available employer has to deposit the gratuity with controlling authority.

Kindly read following in Rules for paymentof Grtuity also.:

7. Application for gratuity.-(1) An employee who is eligible for payment of gratuity under the Act, or any person authorised, in writing, to act on his behalf, shall apply, ordinarily within thirty days from the date the gratuity became payable, in Form 'I' to the employer:

    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.

8. Notice for payment of gratuity.-(1) Within fifteen days of the receipt of an application under rule 7 for payment of gratuity, the employer shall-

(i)                   if the claim is found admissible on verification, issue a notice in Form 'L’ to the applicant employee, nominee or legal heir, as the case may be, specifying the amount of gratuity payable and fixing a date, not being later than the thirtieth day after the date of receipt of the application, for payment thereof, or

(ii)                 if the claim for gratuity is not found admissible, issue a notice in Form 'M' to the applicant employee, nominee or legal heir, as the case may be, specifying the reasons why the claim for gratuity is not considered admissible. In either case a copy of the notice shall be endorsed to the controlling authority.

If you are not able to handle the matter you may approach a competent and experienced service lawyer/labor consultant.

Sir..

Even after providing the required proof of gratuity eligibility, my previous company is disagreeing with the new amendment & are saying it is 5 years only.

Can you please help me out in this regard or suggest what can be done further.

Regards

Sampath Kumar

You are loacted at Chennai. The judgement provided in this thread for your benefit is by Madras HC.

Did you awrite to the good offices? Who has disagreed from your company, some HR executive or HR Head or good office? This disagreement ( again) is communicated to you verbally or in writing?

It is suggested that you may represent to good offices only, by letter thru redg psot only, and request for a reply in writing by letter only and to supply the letter by redg/speed post only. You may mention that a self adressed postage prepaid envelope is enclosed.

You can entrust your matter to a competent and experienced service lawyer/Labor Consultant.

You can approach Controlling Authority of Gratuity, in O/o Labor commissioner.

Is there any judgement of Supreme Court on this .

Elegibility of Gratuity in 4.8 yrs of service.

Hi, I am working in N.G.O. unaided school since 5th June 2003.N.G.O. rule is that when employee want to give resigne he should give privious 2 month notice.then employee get p.f.& gratuity esaily.But I resigne  without any notice on 9Th Nov.2012 because of  harassment then how can I get my p.f.& gratuity payment .plese guide me.

For Gratuity submit FormI and for PF submit PF trasnfer/withdrawals forms under proper acknowledgment to employer.

Dear sir,

I have worked in a company from 13.08.2007 to 17.03.2012 totally 4years, 7 Months & 2 days. Am I eligible for Gratuity or not, If Yes, please suggest me with reference.

Regards

Rasheed