Vij

n/a



[ Scorecard : 30]

Hi, I have completed 4 years 10 months in organization including notice period. Am I elgibile for gratuity  as per the Act?

If employer does not pay the gratuity, what labour body can be contacted ?

Thanks

badrinath

Sr.Manager-human resources



[ Scorecard : 128]

for gratuity an employee should have complected for a period of full five years. then only, an employee will be eligible for gratuity.so  as per your  status  of employment, you are not eligible  for  gratuity.

A V Vishal

Advocate



[ Scorecard : 10919]

Vij

n/a



[ Scorecard : 30]

There was one case at Madras high court where 240 days in 5th year was considered as continuous service.

Section 2A of gratuity act talks of continuous service and requires 240 days minimum each year for elgibilty of gratuity.  So in my case 240 days are served in 5th year and full 4 years.

ratikanta

HR Manager



[ Scorecard : 34]

hello every one,

i have a query plz reply me if any person have completed is service 4.5 years in a company and he is terminated or retrenched by management can he eligiable for gratituity. plz reply sooner

Ashish Ovalekar

Manager Legal & Compliance



[ Scorecard : 193]

Dear Ratikanta,

As per the provisions of the Payment of Gratuity Act, a person has to be in a continious service of 5 years, to be eligible for gratuity.

As far as the Judgement of the Madras High Court is concnerned it has taken into consideration of the Industrial Disputes Act, 1947, while interpreting the provisions of the Gratuity Act, and hence come to a conclusion that 240 days equals to 1 year of completed service, and hence a person completing 4 years and 240 days, minimum is entitled to gratuity.

Thanks ,

Ashish.

ratikanta

HR Manager



[ Scorecard : 34]

thanx ashish for ur quick reply but i am asking if the company is forcefully retrenching any employee from service and he has completed his 4 year 6 month service. and secondly while u considering 240 days it includes Rest days or only working days. in that case he will be eligiable for gratuity or not

Vij

n/a



[ Scorecard : 30]

Hi asish,

I completed 4 years 10 months, but my employer did not pay me gratuity as they said 5 year is minimum required and 240 day rule is interpreted after 5 years ( but its not mentioned in the act )

Can something be done to claim the gratuity?

Thanks

Ashish Ovalekar

Manager Legal & Compliance



[ Scorecard : 193]

Dear Ratikanta,

If the Company is forcefully retrenching its employees then the Compan y would have to pay Notice pay as mentioned in the appointment letter. But if the Company does not pay any retrenchment compensation or Notice Pay, then as an employee, you would always have an option to file a complaint under the Shops and establishment act, claiming that your termination/ retrenchment was illegal, and you can claim reinstatement.

As for computing 240 days, as per the definition of continious service it inlcudes all days including holidays. You would have to be in the organisation for minimin of 4 years 8 months.

Thanks,

Ashish

Ashish Ovalekar

Manager Legal & Compliance



[ Scorecard : 193]

Dear Vij,

Ypu would have the option to file a complaint before the Authority under the payment of Gratuity Act. You can take help of the judgment of the Madras High Court, while claiming your gratuity.

Thanks,

Ashish.

Vij

n/a



[ Scorecard : 30]

Thanks Asish,

I have seen Madras Judgment in one of the forum. Can it be accessed at any Government websites with the LLR number.

Also kindly advise what Authority need to be contacted for same.  I was employed in Uttar Pradesh.

kumaresan

Attorney



[ Scorecard : 33]

Yes you are eligible for gratuity.

Ashish Ovalekar

Manager Legal & Compliance



[ Scorecard : 193]

Dear Vij,

You have to approach the Controlling Authority appointed under the Payment of Gratuity Act. This Authority is normally situated in the premises, wherein the Regional Labour Commissioners Office is situated.

I am attaching the said judgment for your reference.

Ashish.

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