Gratuity on resignation

The establishment works for 5 or 6 days week?

What is the notice period to be tendered by you, as per your wish?

Count from DOJ To LWD.2012 was a leap year.

If 5th year you should have wortked for 190/240 days as per Sec;2A Payment of Gartuity Act.

Establishment wotks for 06 days a week.

01 months is the notice period. but they may relieve me immediately

I am about submit my resignation on 15.07.2015.

Any additional info if reqd, pls let me know.

regards,

Kiran Kumar.

You have posted that:

"Establishment wotks for 06 days a week.

01 months is the notice period. but they may relieve me immediately

I am about submit my resignation on 15.07.2015."

As per Sec;2A Payment of Gartuity Act; You should have worked for 240 days in 5th year.

You may submit notice of resignation addressed to appointing authority/MD preferably by letter thru Registered post (and avoid by posting at some software resignation tool) and mention clearly the notice period tendered by you.......................and date of expiry of notice period i.e.dated......................and obtain POD from PO and also certified copy of run sheet of postman.

If at all you have post at  some software resignation tool do that later/after sending Redg. Post and mention that you have have tendred notice of resignation  by letter dated...............and notice period is ..................days and LWD is dated..............and download the copy and keep it with you. If it shoes any other date submit protest by letter thry Redg. Post............................and ask to correct the error.

Is it mentioned in any of the clauses of appointment letter/HR policy etc mentioned in appointment letter that notice of resignation can be accepted before expiry of notice period?

You may better show all docs on record to an able Labor Law Cosnultant/Service Matters Lawyer/Law firm and let them draft your communications.

There are judgments By Supreme Court of India that resignation can not be accepted before expiry of notice period tendered by employee………………

Employee can tender any notice period:: more or less than the notice period inserted in appointment letter.

The acceptance of resignation before expiry of notice period may tantamount to avoid payment of Gratuity.

However you must show all docs on record e.g. appointment letter, HR policy/Service Rules and Regulations etc stated in appointment letter etc to an able Labor Law Consultant/Service Matters Lawyer/Law firm and let them draft your communications so as to build irrefutable and favorable record to support you in future .