Query regarding gratuity eligibility
Ritesh Mahajan
(Querist) 25 August 2016
This query is : Resolved
Hi Sir/Mam,
I had worked with a MNC which works 5 days a week. My joining date was : 08/12/2011 and last day was: 24/07/2016 so the total time period would be: 4 years 204 Days.
As per Gratuity law the minimum eligibility criteria for me should be 4 years and 190 days. But my company is denying that and saying you must have completed 5 years.
Could you please confirm whether I am eligible for gratuity or not. If yes what action I can take against the company.
Thanks in advance.
Ritesh
Isaac Gabriel
(Expert) 25 August 2016
Minimum period requires 4 years and 240 days.
Ms.Usha Kapoor
(Expert) 25 August 2016
If you have put in continuous uninterrupted service of 240 days in a period of total 5 years including holidays, sick leave etc you become eligible to claim gratuity.
Ritesh Mahajan
(Querist) 25 August 2016
Thanks for the reply.But as per Gratuity act:
if for the said period of one year he has worked for one hundred and ninety 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 and two hundred and forty days in any other case;
So for my case (5 days a week) it should be 4 years n 190 days. 4 Years n 240 days is applicable for organization which work 6 or more days a week.
Please provide your guidance.
Thanks
Ritesh
Ms.Usha Kapoor
(Expert) 25 August 2016
in any other case in the d definition means if you are working above the ground. Not Less than 6 days in a week applies to worker below the ground. You are worker above the ground. Out of the 4 and odd years you've worked during this period at any time of this service period at any time you've put in a continuous service including Earned Leave, Holidays or 5 days a week if totally you;ve put in 240 days of work you are eligible to claim gratuity. IN any other case it's 240 days. Once during your 4 + odd years work you've put in at any time q a continuous service of 240 days whether you work for 5 days a week or 6 days week it doesn't matter. IN any other case means means it applies to workers above the ground and covers employees who work for 5 day s a week also. You are clearly eligible for gratuity if you fulfill the above conditions.
Kumar Doab
(Expert) 25 August 2016
Your understanding is correct.
All holidays/off days/approved leave is counted in service period.
Kumar Doab
(Expert) 25 August 2016
Write, of course under proper acknowledgment, addressed to good offices of appointing authority,MD that Notice of Determination of Gratuity and payment has not been supplied to you till date and that FormI, is attached.
(If you have not submitted FormI).
Ritesh Mahajan
(Querist) 25 August 2016
Thanks Usha and all others who replied to my query. I am still little confused.
My organization works 5 days a week so for me minimum time to serve in that organization is 4 years 190 days to be eligible for Gratuity. Because 4 years 190 days applicable to mine workers n the organization works less than 6 days a week.
I have served 4 years 204 days so I think I am eligible for the Gratuity.
Please correct me if I am wrong.
Thanks
Ritesh
Kumar Doab
(Expert) 25 August 2016
It has already been posted that; "Your understanding is correct."
You may write to employer as suggested above.
Ritesh Mahajan
(Querist) 25 August 2016
Thanks Mr. Kumar. I had sent the gratuity act clause where 4 years 190 days was mentioned but Got same response from the organization that I am not eligible as I have not completed 5 years. What should be my next step. File a case against them or anything else.
Thanks in advance
Ritesh Mahajan
Ritesh Mahajan
(Querist) 26 August 2016
Can someone respond to my query so that I can start legal process if required. Also can I hire some lawyer from this online group, if required.
Quick response will be much appreciated
Guest
(Expert) 26 August 2016
Mr. Ritesh,
Presently, when you don't have any such legal problem, where is the question of confirming any reply to your academic query, whether you are eligible for gratuity or not. When you have not formally applied for the payment of gratuity and have not received any formal response from the employer, why do you insist for replies on your academic query?
However, if you have applied for the same and got any response, you may place here the extract of reply from the employer.
By the way, how much gratuity you are likely to get?
Kumar Doab
(Expert) 26 August 2016
Author @ Ritesh Mahajan,
It has already been posted that:
"Write, of course under proper acknowledgment, addressed to good offices of appointing authority,MD that Notice of Determination of Gratuity and payment has not been supplied to you till date and that FormI, is attached.
(If you have not submitted FormI)."
Submit FormI and letter under proper acknowledgment.
Kumar Doab
(Expert) 26 August 2016
NO citation is required.
The provision of the Act are clear and rightly understood by you.
The Act is statue and social security measure.
The employer is liable to pay interest@ 10%pa after 30days from from LWD for delayed period.
Ritesh Mahajan
(Querist) 26 August 2016
Thank you everyone for your help and support. Wil post form-i to my previous organization. Thanks a lot.
Raj Kumar Makkad
(Expert) 26 August 2016
You are legally entitled for the grant of the gratuity for which you need to apply within the stipulated time and next course of action can only be discussed after receipt of response of employer in writing.
Kumar Doab
(Expert) 27 August 2016
You have posted;
In your 1st post: "But my company is denying that and saying you must have completed 5 years. "
In your 4rth post:"Got same response from the organization that I am not eligible as I have not completed 5 years."
Is it in writing?
Don't just post FormI. Post letter as well as suggested, of course thru Redg. post and obtain POD and certified copy of run sheet of postman from PO/thru RTI.
You may send scanned copies of letter/FormI/Receipt of Redg. Post by email.
If you are apprehensive request the Sub-Postmaster to certify the documents in the Redg. post envelope.
Kumar Doab
(Expert) 27 August 2016
if the response of company is in writing then you may ASAP approach a very able counsel specializing in Labor/Service matters with all record.
Here company stands for designated personnel ( may be HR person by resoloution) to process Gratuity, MD........
Ritesh Mahajan
(Querist) 27 August 2016
Thanks Doab.. Yesterday I have asked HR to share the MD or HR Head name to whom I can mail Form-, they said they said they are in touch with their internal legal team regarding the same and will update me in next couple of days. At least now they are looking into the matter instead of denying.
Once again thank you so much for the help.
