Gratuity eligibility

Neha (Querist) 27 May 2016 This query is : Resolved
Hi! I served my company (advertising agency) for continuous 4 years 9 months (including notice period). My company's head office is in Manipal, Karnataka. I inquired from an HR executive of the company if I am eligible for gratuity as I have completed more than 4 years 240 days. But I was told that we consider complete 5 years as we have LIC linked gratuity plan.

Just wanted to know if this logic is correct? Am I not eligible for gratuity if I have served the company for more than 4 years 240 days? Please give clarity on the matter.

Look forward to your prompt response.

Thanks in advance.

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Kumar Doab (Expert) 27 May 2016
You are eligible.

Don't ask verbally.
Obtain acknowledgment/acceptance of notice/final resignation, FnF statement,PF a/c slips of each year, salary slips of all months,service certificate,relieving letter,NOC/NDC, acknowledgment of handover of charge/assets, Form16 etc..............

The submit a communication under proper acknowledgment, mentioning that Notice of Determination of Gratuity and payment has not been supplied to you till date and FormI is attached.

If employer does not pay within 30days from LWD, interest @10%pa is applicable.

LIC, HR personnel are neither and nor can be law makers.

Rajendra K Goyal (Expert) 28 May 2016
After receiving Full and final dues, if gratuity not paid demand the same through registered AD letter.

Show all your documents to local service law consultant.

Kamal Prasoon Sinha (Expert) 03 June 2016
Please fill Form-I (Application of Gratuity by an Employee) and submit the same to the company and wait for their official response.