Gratuity


Hi, I would like to know whether training period is considered while calculating eligibility for Gratuity? Brief details: Joined as Trainee - 19 th Jul, 2005 Confirmed Employee - 1st Nov, 06 to 16 th Sept, 2011 (4 yrs and 10.5 months) Someone please confirm whether am I eligible for Gratuity. Is there any clause where I can claim for Gratuity? if yes, for five years or Six years
 
Reply   
 
FIN

Training Period as Trainee: was it as Apprentice under Apprenticeship Act OR Trainee under Standing Orders of the Management?

Has the company supplied ; Notice of Determination of Gratuity? If yes has it not included training Period?  OR has the company disbursed amount without any calculation?

Have you submitted FormI?

 

 
Reply   
 


private practice

Training Period is not included in period of service for gratuity purposes, In case employee leaves service before completing 5 years due to accident, disability or death etc his service of 5 years shall be considered if he has actually served for 4.5 years or more.

 
Reply   
 

I have submitted Form-I, but my previous employer is stating that I am not eligible for Gratuity as my service period is less than five years.

I was joined as Trainee and receiving training allowance of Rs3000 per month during training periods and also casual leaves.

 

 
Reply   
 
FIN

You have not rplied to all points, pointwise.

Has the company stated declinature to pay in writing?

 
Reply   
 

The management informed me over phone that I am not eligible for Gratuity and nothing replied in written. further when I discussed the judgement of Madras Highcourt regarding the matter, he informed over e-mail that

1.Gratuity rules are governed by state rules. It would be really help to consider your request if you please arrange for Punjab high court or supreme court leading example.

2. Gratuity act is silent over the computation of Gratuity entitlement years. It says only 5 years continuous services.

kindly help me for further course of action

 
Reply   
 
FIN

You have still not replied to all points, pointwise.......................e.g;

Training Period as Trainee: was it as Apprentice under Apprenticeship Act OR Trainee under Standing Orders of the Management?

Did you include training Period in FormI?

Do you have proof of disptach and POD of FormI and its written acknowledgment by the company?

 

Before you submit reminder in writing under proper acknowledgment, addressed to good offices of appointing Authority,MD mentioning that you have submitted FormI on dated..............and it was supplied  on dated...............and you have not recieved  Notice of Determination of Gratuity and Payment of Gratuity, and these may be supplied by letter thru redg. Post.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu

web analytics