Gratuity eligibility criteria
dhiru0502
(Querist) 30 September 2016
This query is : Resolved
I have completed my 4 years and 10 months of service with my current employer, I want to know whether I am eligible for gratuity or not.
If eligible then can I get any supported document.
Raj Kumar Makkad
(Expert) 30 September 2016
You need to tell whether the working week in your establishment is of 5 days or 6 days prior to getting reply of your query.
Ms.Usha Kapoor
(Expert) 01 October 2016
Dear Client,
But the correct answer is:
4 years 8 months
(or 240 days to be precise for organizations working 6 days a week)
or
4 years 190 days
(in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week ).Hence you are el,igibl efo r gratuity.
Guest
(Expert) 01 October 2016
YOU ARE NOT ELIGIBLE, AS NEITHER YOU RESIGNED, NOR HAVE YET BEEN TERMINATED.
YOURS IS PURELY AN ACADEMIC QUESTION without discussion of any problem!
You have neither resigned, nor applied for gratuity, nor any negative response received from your employer.
So, where is the problem that may call for legal advice?
Kumar Doab
(Expert) 01 October 2016
You have worked for more than 240 days in 5th year.
So you should be eligible.
Expert Ms. Usha has explained the position.
So sit pretty.
When employee separates from employment with employer, the employer is under obligation to supply the 'Notice of Determination of Gratuity' and payment of gratuity within 30 days from LWD or interest @ 10%pa has to be paid, for the delayed period.
Even if employee has not made any application.
Many employers settle payment of Gratuity along with FnF.
Employee can also submit FormI 30 days in advance from LWD.
Of course employee should submit everything under proper acknowledgment.
Raj Kumar Makkad
(Expert) 01 October 2016
You just want to know but till the day of raising the query have not resigned hence are not entitled for the grant of gratuity as the same is payable only on leaving the job. The criteria has already been told to you.
This is purely an academic query.
Guest
(Expert) 02 October 2016
He was interested in solving his academic query, so some one has already provided him the answer, although his question did not have any relevance without resigning or termination.
Raj Kumar Makkad
(Expert) 02 October 2016
This is the only problem that we instead of going through the facts of the query, do provide replies which further makes the comments of other experts irrelevant or those replies are not liked.
Guest
(Expert) 02 October 2016
Makkad ji,
Can't impose our will on other members.
Kumar Doab
(Expert) 02 October 2016
The author has posted a query that every employee might have, while in employment.
The author has posted a query that every employee, might have due to imposing, prowling, managers and might want to be properly informed.
WE have addressed queries by employees that are deeply concerned while in employment and wanted to know can they raise issues while in employment or later..............as service certificate/relieving certificate etc etc are the issues bothering them.
Kumar Doab
(Expert) 02 October 2016
Author,
There is NO limitation to claim Gratuity.
You may come back in this thread anytime.
We will help.
Raj Kumar Makkad
(Expert) 02 October 2016
@Dhingra sir! I do agree that nothing can be forced but can we not mutually discuss about a 'Model code of Conduct for Experts', a self imposed bundle to rules so that no bitterness may develop among us as we all are feeling here day to day?
Guest
(Expert) 02 October 2016
So, if no limitation to claim gratuity, should the author claim gratuity during his service period?
Raj Kumar Makkad
(Expert) 02 October 2016
When the query has been raised just to enhance the knowledge then where is the question of computing the limitation?
