Gratuity
Pratish
(Querist) 23 July 2014
This query is : Resolved
Dear experts,
Months No-Days worked Paid Unpaid
Aug-09 24 28 1
Sep-09 26 30
Oct-09 26 31
Nov-09 20 29 1
Dec-09 25 31
Jan-10 26 31
Feb-10 21 28
Mar-10 26 31
Apr-10 25 30
May-10 18 23 8
Jun-10 5 8 22
Jul-10 25 31
Aug-10 27 31
Sep-10 21 30 1
Oct-10 15 31
Nov-10 25 30
Dec-10 12 13 18
Jan-11 25 31
Feb-11 25 28
Mar-11 24 31
Apr-11 25 30
May-11 23 29 2
Jun-11 13 30
Jul-11 18 29 2
Aug-11 24 31
Sep-11 12 18 12
Oct-11 10 13 18
Nov-11 27 30
Dec-11 26 31
Jan-12 24 31
Feb-12 22 29
Mar-12 19 27 4
Apr-12 24 30
May-12 24 31
Jun-12 16 30
Jul-12 23 31
Aug-12 22 30 1
Sep-12 17 23 7
Oct-12 23 30 1
Nov-12 23 29 1
Dec-12 27 31
Jan-13 26 31
Feb-13 14 28
Mar-13 22 31
Apr-13 25 30
May-13 23 31
Jun-13 23 30
Jul-13 24 31
Aug-13 23 31
Sep-13 23 30
Oct-13 21 31
Nov-13 26 30
Dec-13 26 31
Jan-14 23 31
Feb-14 23 28
Mar-14 21 31
Apr-14 23 30
May-14 24 31
Jun-14 16 27 3
Jul-14 26 28 3
Aug-14 3 3
1723 105
Note: I will complete 5 Year of service on 3rd of Augest 2014
Kindly let me know, whether I am eligible for gratuity or not, after refering above attendence
PFAC and please let me know the law / section or amendment that I can refer to for this
Regards
Pratish.M
Rajendra K Goyal
(Expert) 24 July 2014
consult a local lawyer dealing in the service matters.
T. Kalaiselvan, Advocate
(Expert) 26 July 2014
As advised you may consult a lawyer dealing with service matter and clarify this and any other service related queries too.
Pratish
(Querist) 27 July 2014
Am sure that I will consult with lawyer. Before that I want to know something about gratuity laws, so that I can first communicate with my employer i.e. HR department, for that I need some document. Hence I tried to upload my attendance, but due to technical problem it was not getting uploaded, so that I pasted. In case if there are not accepting your suggestion or feedback then I am dame sure that I will go legally.
Mr. Ram kumar makkad sir, can you please provide law / section or amendment that I can refer to for this.
(Note: As per my knowledge in 1st year I have worked for 331 days, in 2nd year I have worked for 343 days, in 3rd year I have worked for 332 days, in 4th year I have worked for 355 days and in 5th year I have worked for 350 days. In that 32 LOP in 1st year, 21 in 2nd year, 36 in 3rd year, 10 in 4th year and 6 in 5th year, total 105 loss of pay in 5 years of service)
Raj Kumar Makkad
(Expert) 28 July 2014
Gratuity is payable to an employee (nominee – in case of death of employee) who has rendered continuous service of five years or more on his termination of employment, superannuation, retirement or resignation. Completion of continuous service of five years is not necessary where the termination of employment is due to death or disablement due to accident or disease.
Visit the following link which covers the entire issue with the supporting judgment of Supreme Court of India;
http://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.U9XBj_mSwbg
Kumar Doab
(Expert) 05 August 2014
If the establishment works for 6/5 days/ week and you have worked for 240/190 days in a year you are eligible.
Approved leave holidays etc are counted in period of service.
The thread suggested by Mr. Makkad explains everything.
