Gratuity not paid yet

sumit (Querist) 21 May 2017 This query is : Resolved
Hi sir i worked with my previous organization for 4 years and 7 months also i serve notice period of 30 days.my question is that i am eligible for my gratuity or not? As per law.if i am eligible then i need a proof of document so i can submit this proof to company and get my gratuity easily.at the time of resign hr told me that you are eligible.please confirm my mobile no 9717480690 mail Sumit Dixit1982@Gmail. com pls answer

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Kumar Doab (Expert) 21 May 2017
The establishment works for how many days/week:

6/week

Or

Less than 6/week.

Kumar Doab (Expert) 21 May 2017
Notice period served is counted in service period.

Count from DOJ-LWD.

Did you submit FormI under proper acknowledgment?

Payment of Gratuity Act, 1972 is a statue.
You don’t have to submit any proof to company.

Submit FormI and mention that ‘Notice of Determination of Gratuity’ and payment of Gratuity has not been supplied to you.

Dr J C Vashista (Expert) 21 May 2017
Calculate working days and find out whether you are eligible for gratuity.
If yes, file your claim.

R.K Nanda (Expert) 22 May 2017
nothing to add more.

Kumar Doab (Expert) 22 May 2017
"Hi sir i worked with my previous organization for 4 years and 7 months also i serve notice period of 30 days.'

If it is 4Y7M+30days then it should be 4Y8M.

Go thru:Payment of Gratuity Act, 1972;Sec; 2A.

You should be eligible.

Kumar Doab (Expert) 22 May 2017
There are many threads on similar queries at LCI, that you can go thru and pick up relevant points:

e.g;

http://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49

e.g;

http://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp

http://www.lawyersclubindia.com/forum/Gratuity-eligibility-5-years-or-4-years-240-days-111887.asp

Rajendra K Goyal (Expert) 22 May 2017
May visit the threads referred by the expert Kumar Doab.

Guest (Expert) 22 May 2017
Agreed with Senior Expert Mr RK Goyal

Guest (Expert) 22 May 2017
Well Advised by Experts

Kumar Doab (Expert) 22 May 2017
Thanks for concurrence Mr.Rajendra K Goyal.

Kumar Doab (Expert) 22 May 2017
Good to see statement of agreement with expert.

Kumar Doab (Expert) 22 May 2017
Good to see statement of agreement with Experts.

Kumar Doab (Expert) 22 May 2017
Dear LCI author @ Sumit,

Come back in case of issues.

In the meantime take help of elders in the family, competent and experienced well wishers, employee's/trade union leaders.

Kumar Doab (Expert) 22 May 2017
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