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kumaran (avp )     13 August 2012

Proclamation

Hi I was employed in MNC , they are known for regular lay- off , and retrenchment in the last 3 years  . it often comes in news papers .

I have completed 4 years and 120 days ( 4 months ) , they terminated me without any reason stating the contract between me  and company. They paid 3 month  salary  in lie of notice period  . when i approched them for gratuity  , they told me you were not eleigeble as you have not completed 4 years 190 days . ( as the compnay works for less then 6 days a week.) But  I explained that 3 months notice period part.

Pls. clarify on the above , am elegible for gratuity , If yes Pls. provide the supporting judgement details .

Regards

kumaran.V



Learning

 3 Replies

Kumar Doab (FIN)     13 August 2012

Mr. Kumaran:

Did company include your position in its standing orders?

You may try:

Payment of Gratuity Act, 1972

Section: 2A
Continuous service.

 

 

(b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than -

(i) ninety-five days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and

Explanation: For the purpose of clause (2), the number of days on which an employee has actually worked under an employer shall include the days on which -

 

(i) he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under the Industrial Disputes Act, 1947 (14 of 1947), or under any other law applicab1c to the establishment;

Valuable advice of learned experts/members is sought.

kumaran (avp )     16 August 2012

Dear Sir,

            as salary restriction in place , how come we come under industrial dispute act ?

Kumar Doab (FIN)     16 August 2012

Salary or designation alone does not decide.

Has the comapny extended its standing orders to your designation/position?


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