yes. Certainly eligible those who worked continuously 5 years or more working days without break

in my organisation, employees under GPF are paid gratuity only in case of retirement or death since under company rules, as they say, gratuity is death cum retirement benefit. I'm serving since Nov 2006 and have submitted my resignation w.e.f 30.06.2013. What shall I do to get my gratuity?

@Suhash Guha:

Considering you have worked continuosly for the given period mentioned by you, it is clear that you are entitled to gratuity under Payment of Gratuity Act 1972. So talk to the HR informing about the law. I am attaching the latest ammendment to this act along with this reply.

If HR and the top management refuses to recognize the law, take up the case to the area labor commissioner (last resort).

Regards

 

 

 

----Probably in your case

Payment of Gratuity Act, 1972

is not applicable.

Section: 2
Definitions.

(e) "employee" means any person (other than an apprentice) employed on wages, [3] [***] in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, [4] [and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity].

----“ in my organisation, employees under GPF are paid gratuity only in case of retirement or death since under company rules, as they say, gratuity is death cum retirement benefit.”

Probably your query is on Death-cum-Retirement Gratuity (DCRG).

The rules quoted by you should be looked into, carefully.

The state Govt like Tamil Nadu allows, DCRG to employee who has resigned.

 

5.2   An employee should have minimum service of 5 years to earn gratuity while for pension he has to put in a minimum service of 10 years. If he resigns for reasons other than to take up another employment in Government, he forfeits his right for gratuity. The maximum gratuity payable is 16 ½ months emoluments for the maximum of 33 years of service and for lesser service it is proportionately paid as per Pension Rule.45.

You may find info at following links useful:

https://90paisa.blogspot.in/2009/01/dcrg-death-cum-retirement-gratuity.html

https://www.gconnect.in/nps-2/nps-cg-employees/retirement-benefits-under-new-pension-scheme.html

Valuable advice of learned experts/members is sought.

 

Dear,

Your are entitled to GPF as you already worked more than 5 yrs.. And Mr. Sourav already explian you.  however, if your employer did not consider the fact take help of Lawyer and serve the notice to the employer.  You will defietly get your GPF amt.

regards

I am not able to agree or disagree with any of the views.  The queriest has not disclosed the nature of employer.  Whether it is Govt deptt/PSU or private company. This is most vital information.

Dear Suhash & All others, Gratuity Act is applicable to each employee irrespective to Govt. Job or private job. It is bouty due to employee from employer being legal right as envisaged in Gratuity Act. The number of day counted in a year is 240 days. The total comes to 4 year and 8 months. the employee is entitled who worked for continuous 4 year and 8 months. Rajiv Bhasin Advocate bhasin.laws@yahoo.com 9811210505

Though it is a fact that an amendment was brought about by inserting Section 4A (compulsory insurance) vide Act 22 of 1987 in the Payment of Gratuity Act,1972 but to my mind, no notification for its applicability has been brought about till date.If  some of the members have definite information about the notification for its implementation, I would request them to share with me.

 BS Kalsi

Some states complied by issuing notification e.g;

Andhra Pradesh Compulsory Gratuity Insurance Rules,2011: