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Vinod (se)     05 September 2013

Gratuity missed by 23 days???

Hello Everybody


In my last company (an IT company), I have worked from  26th Jun 2006 To 7th FEB 2011.
In total i have worked for  4 years 7 months and 12 days. Company is 5 days a week working.

 

1.) Am i elgible to get Gratuity under 4 year 190 days rule?
2.) Does IT companies fall under 4 year 240 days rule instead of 4 year 190 days rule?
3.) Can this 4 year 240 be considered as 4 year 8 months, Then my 4 year 7 months and 12 days can be considered as 4 years 8 months?


Please clarify me the experts?? Is there any legal solution i can avail??



Learning

 3 Replies

Kumar Doab (FIN)     05 September 2013

If you have completed 190 days (including off days/holidays/approved leave etc) in 5th year,

you should be eligible. Submit FormI  by redg. post as ap.

 

Similar query is posted at:

https://www.lawyersclubindia.com/forum/Query-regarding-gratuity-eligibility-74941.asp#.Uih2MtKAqWM

The following thread is highly informative:

 

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

Vinod (se)     06 September 2013

Thanks Kumar.

 

Im still having confusion, for an IT company whether the rule is

4 years 190 days or

4 years 240 days?


Why is this confusion?

Kumar Doab (FIN)     06 September 2013

IT/ITeS/BPO companies are covered by (Name of State) Shops and Commercial Establishments Act of respective states and have to register under this enactment.

The registration certificate has to be displayed at a conspicuous place/notice board, which you can also see.

The rules are same for IT companies.

Submit FormI as ap by redg. post and keep the acknowledgment.

 

If you are not bale to handle the matter on your own approach your lawyer.


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