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CoolMoon   19 April 2016

Gratuity eligibility - 4 years 10 months

I am currently working for a reputed IT company (Headquarters in Mumbai) in Chennai. 

I joined the company in 21-Sept-2011 and my planned last working days in 18-July-2016. 

4 years 9 months 27 days (4 Years 302 Days)

Its a 5 days working. No breaks in the job and there was no Loss of Pay during the period. 

Please advise me if I am eligible for gratuity and if yes can I apply with my company.



Learning

 3 Replies

Kumar Doab (FIN)     19 April 2016

You are eligible.

If the company/employer on its own does not supply 'Notice of Determination of Gratuity' and payment within 30days from LWD then you shall be eligible for interest @10%pa.

Obtain all relieving documents with good comments and download proof of handover of  charge/NO pending  tasks, appreciations (till LWD), rewards,awards, all rules/policies mentioned in appointment letter, employee handbook, exit policy, acknowledgment and acceptance of notice/final resignation,NOC/NDC,FnF statement, FnF dues,Form16,service certificate (with good comments),PF number and a/c slips of each year,ESIC card,salary slip of each year etc...............and submit FormI after getting relieved.

 

Or you can also submit 30 days before LWD, of course under proper acknowledgment.

 

PC Agrawal (PCS)     20 April 2016

Yes, pl refer Madras High Court judgement on the issue discussed here:

https://www.lawyersclubindia.com/forum/GRATUITY-PAYABLE-FOR-BELOW-5-YEARS-315.asp#.VxdKotR97IU

 

Kumar Doab (FIN)     20 April 2016

In fact NO judgment is required to be quoted.

Payment of Gratuity Act is a statue and the Sec:2 A has been inserted in it.


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