Gratuity calculation for part year.


I joined my organisation on 4 June 2007 and my last date is on 30 Nov 2017. Will I be eligible for 10 years or 11 years Gratuity? I am in continuous employment since my joining date and have availed only earned leaves and weekend offs (as per company,s rules). Please help urgently!!!
 
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Lawyer in Hyderabad.Email Id:ramachary64@gmail.com

Yes. You are certainily eligible. Minimum 5 years continuous working service is enough for qualifiation of gratuity.

 
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Manager (Admn)

Dear Sir,

You are eligible to draw 10 years gratuity.

 
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Hi, wanted to check why am I not eligible for 11 years?. As per the Act, if anyone has worked for more than 6 months, thats counted as one year. Further, definition of 6 months is 'any one who has worked for 120 days '. Hence, I should be eligible for 11 years Gratuity. Please let me know if I am incorrect. Regards
 
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Hi Sir, Wanted to understand why am I not eligible to get gratuity for 11 years?
 
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FIN

You may go thru:

Payment of Gratuity Act, 1972; 2(b,s), 4(2),7

http://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

Some homework at your end shall make you clear.

 
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FIN

 

Count, each year from DOJ to date of reference LWD.

If you have worked for 10Y05M26D then it is less than 10Y06M.

 

So employer may pay Gratuity for 10Y.

Gratuity= {( Basic+DA)/26*15* No of years}

Basic +DA as per last drawn salary.

 
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FIN

 

Your LWD is yet to come and you may request (under proper acknowledgment) the employer to supply you the ‘Notice of determination of Gratuity’ and requisite forms (if any) and payment of Gratuity.

The employer is to supply ‘Notice of determination of Gratuity’ and payment of Gratuity, even if employee has not submitted any application, within 30days from LWD or interest @10%pa for the delayed period has to be paid.

 
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Sir, If my last working date is 8th December, will I be eligible for gratuity for 11 years? Since my tenure will be 10 years 6 months (date of joining is 4 June 2007)
 
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FIN

Dear LCI Querist @ Mr. Amit Jain,

Have you read the extent clauses and link posted for your benefit, carefully!

Or have you discussed with elders of your family, competent and experienced well wishers, seasoned leaders of employee’s unions, in case of difficulty!

Some of the homework is to be done by you.

 
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