Gratuity
Rakesh S
(Querist) 20 April 2018
This query is : Resolved
Hi Sir/Madam,
I completed my service in my current organization for 4.11 years will that i am eligible to Gratuity and if Yes, they area force ably making me drop an resignation so please help me out with suggestion to go forward
Kumar Doab
(Expert) 20 April 2018
Forced resignation can be termed 'deemed Termination'.
The employee may need to have irrefutable evidence that he/she was forced to give up employment by resignation...
Employee may always tender notice of resignation under proper acknowledgment and let establishment accept before expiry of notice period..
Kumar Doab
(Expert) 20 April 2018
What is this establishment; Govt, private...?
Which Gratuity rules apply?
Do you have copy of Gratuity rules..?
Does Payment of Gratuity Act, 1972 apply?
kavksatyanarayana
(Expert) 20 April 2018
The eligibility to get Gratuity is (5) five years.
Kumar Doab
(Expert) 20 April 2018
If yes employee should be eligible to get Gratuity provided employee has not committed any misconduct that is mentioned under Sec;4(6) for forfeiture of GRATUITY..
https://clc.gov.in/clc/sites/default/files/PaymentofGratuityAct.pdf
Ms.Usha Kapoor
(Expert) 21 April 2018
You are eligible for gratuity as you've put in 4.11 years in service. If it is 4 years 11 months if in the preceding 240 Days uninterruptedly you worked without break you're eligible for gratuity if.worked .Also read the following:
n 2nd and 3rd scenario, Ramesh shall be eligible to get gratuity. As per Madras High Court judgement in a case of Mettur Beardsell Limited [represented by its Personal Manager], Madras v/s Regional Labour Commissioner [Central Authority under the Payment of Gratuity Act, 1972], Madras, it has been stated that if an employee has rendered continuous service of 240 days in the fifth year of service then for the purpose of calculation of gratuity, it must be considered as if he has completed FIVE years of continuous service.
Kumar Doab
(Expert) 21 April 2018
If Payment of Gratuity Act, 1972 applies as already suggested above in my previous posts you sure are eligible for payment of Gratuity...
