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John   17 May 2017

Gratuity eligible

Gratuity Eligibility as per 4 years and 6 months (190 days = 1 year) where the company follows 5 day a week.

In the 4th year that is 190 days  - is that includes both weekends and Holiday? Please clarify.



Learning

 38 Replies

Kumar Doab (FIN)     17 May 2017

It does.

Kumar Doab (FIN)     17 May 2017

Payment of Gratuity Act,1972:2A

is clear. 


GO thru it.

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

Kumar Doab (FIN)     17 May 2017

There are many threads on similar query:

at:

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49



e.g;




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


https://www.lawyersclubindia.com/forum/Gratuity-eligibility-5-years-or-4-years-240-days-111887.asp

 

Kumar Doab (FIN)     17 May 2017

Many employees have been able to resove similar issues by discussions thru threads and by applying their own skills.

John   19 May 2017

Hi Kumar,

Please find the reponse from my previous organisation about my gratuity query. They are not considering the weekends and Public Holidays for 190 days in 5th year. My DOJ is 02.07.2007 and LWD is 30.03.2012. Please advice.

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Gratuity payment is statutory payment which is as per the State Act.  For an Employee whose service is more than 4 years 190 working days and this 190 working days does not include any holiday and weekend. Considering your LWD as 30.03.2012 you have completed only 4 years and 182 working days. Hence you are not eligible for Gratuity.

Kumar Doab (FIN)     19 May 2017

Which is this State Act?

Kumar Doab (FIN)     19 May 2017

 

Payment of Gartuity Act,1972 is statue.

Which state Act prevails upon it?

Kumar Doab (FIN)     19 May 2017

Generically speaking: you have worked for  4Y08M28D.

From DOJ count 1Y then next so on and from 5th year count days.

Take care of leap years.

Calculate yourself.

Kumar Doab (FIN)     19 May 2017

Have you submitted FormI, under proper acknowledgment?

 

Take help of elders of the family, employee’s/trade unions and a very able counsel of unshakable repute and integrity specializing in Labor/service matters.

 

The threads suggeested above are comprehensive.

suresh   05 June 2017

HI ,

 

My total service in my company is 5 Years and 3 months. So please confirm that, i am eligible for Gratuity or not

Kumar Doab (FIN)     05 June 2017

You should be eligible.

 

Kumar Doab (FIN)     05 June 2017

For the purpose of Calculation of Gratuity 5Y3M=5Y

John   06 June 2017

Sir,

Please find the response from my Employee.

Leaves are considered for the whole tenure in XXX. Post considering the leaves you have served only 4 years and 182 working days hence you are not eligible for the gratuity amount.

DOJ - 2Jul2007 and LWD - 30Mar2012.

Any suggestions?

 

 

Kumar Doab (FIN)     06 June 2017

@ John,

You have not replied to: which State Act?

 


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