raumyajit shaw
22 July 2019
Thanks for your reply.
I am attaching the mail chain below.
Dear Raumyajit ,
Your submission was on the period of eligibility of Gratuity including no. of days worked by an employee as per Gratuity rule.
Obviously, it is paid by the direct employer as per rule but based on the actual no. of working days by the employee to become eligible of Gratuity.
Hope, this is clear now.
Regards,
Har Vimal
Subject: Re: NO-Dues Clearance not completed
Hi Har Vimal,
Could you please explain from 7 th August 2014 to 30 th April 2019 between of this time span who is my employer then?
Regards,
Raumyajit shaw
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Subject: RE: NO-Dues Clearance not completed
Dear Raumyajit,
I would suggest to read Section 2-A Sub section 2 (b) (i) & (ii) of the payment of Wages Act, 1972 with Explanations which is clearly stated that
“ for the purposed of clause (2) , the number of days on which an employee actually worked under an employer “
Hope, the above clause of Act will clearly your query. .
Regards,
Har Vimal
Subject: Re: NO-Dues Clearance not completed
Hello Har Vimal,
Good Afternoon.
I have a query regarding your point i.e. is there any company policy where it is mentioned that if an employee works in office and work for five days in a week is eligible for Gratuity payment under Gratuity Act 1972 under section 2A (sub section 2 (ii) )and an employee works in client side on behalf of organization and works for six days in a week as per client requirement then he is not eligible under section 2A (sub section 2 (ii) ) ??
Could you please explain the two different rules for a single Gratuity Act 1972 under a same organization.
Thanks & Regards,
Raumyajit Shaw
Voice- +91-7044113648
Subject: Re: NO-Dues Clearance not completed
Hello Har Vimal,
Thanks for your update, I will be right back soon.
Thanks & Regards
Raumyajit Shaw
Voice- +91-7044113648
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Subject: RE: NO-Dues Clearance not completed
Dear Mr. Rumyajit,
Please refer Section 4 (sub section 1) of Payment of Gratuity Act, 1972 therein , it is clearly mentioned that “ Gratuity shall be payable to an employees after he/ she has rendered continuous services for not less than 5 Years”.
On you concern about on eligibility of completion of years, please note that
1. There is no change / amendment in the Act under section 4(1), in accordance to court order as referred by you.
2. your DOJ in the establishment is 07/08/2014 and your 4 years become completed on 06/08/2018. In the 5th running year you were deployed at the client site therein 6 days of working was observed. Therefore, your submission on calculation of number of days towards eligibility of payment of gratuity is also not applies .
On the basis of above facts and records available with us , it is clear that you are not eligible for Gratuity as per the Payment of Gratuity Act, 1972 .
Regards
Har Vimal
Lead – HR Compliance
Subject: RE: NO-Dues Clearance not completed
Dear Harvimal Sir,
Pls update
Subject: Re: NO-Dues Clearance not completed
Hello Alok,
Are you guys kidding with me! Or my demands are wrong to your organization??
You guys didn't make one FNF on time, only there is a new date with a new guy who has no common HR knowledge.
It has been 2 months and 12 days means 53 working days you have already taken to just calculate one FNF and still now it is pending!!
It's allready compliance the Off-Boarding policies you guys say to me for following.
I need a clear statement that by coming Monday 15th July 2019 my FNF reimbursement will be completed.
For your reference,
"Judgment from Supreme Court:
"Yes, by virtue of the judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity."
Quotation from the book:
Law Book (Bare Act,2004) i.e. The Payment of Gratuity Act,1972 (Publisher: Law Publishers () Pvt.Ltd. 18A-S.P.Marg,Post Box-1077,Allahabad-211 001. Phone:623735,623741 Fax-0532-622276.website: lawpublishersindia.com
1. 4 years and 6 months (190 days = 1 year) where the company follows 5 day a week.
2. 4 years and 8 months ( 240 days = 1 year) where the company follows 5 day a week.
Is eligible for gratuity.The payment of gratuity ( second amendment) act, 1984 clarifies this. One needs to calculate the no of years and service completion as follows.
A company which follows 5 day week
Doj 1.05.2000 -
01.05.2000 to 30.04.2001 - worked for 190 days
01.05.2001 to 30.04.2002 - worked for 190days
If we go by the above formula and if the person does not have any break in service he will be eligible for gratuity on 01.11.2004 "
Regards,
Raumyajit Shaw
Voice- +91-7044113648
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Subject: Re: NO-Dues Clearance not completed
I believe as per government rules an employee is eligible for gratuity after successfully completed his/her 4 years and 240 working days in his running 5 year journey.
Are your organization following this or is there any change in gratuity act please let me know with data.
Thank you.
Regards,
Raumyajit
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Subject: RE: NO-Dues Clearance not completed
Dear,
Gratuity will be paid after completed in Five year.
Thanks & Regards
Virendra Rawat
Human Resource
Subject: Re: NO-Dues Clearance not completed
Hello Virendra,
What about my gratuity then!
Regards
Raumyajit Shaw
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