Reg:gratuity


Hi

This is G.Vijayalaxmi. I am Employee of ROFOUS SOFTWARE PVT.LTD. I have joined  this organisation on 28th August 2009. And I was on Maternity leave from 4th February to 5th September 2011. Iam i eliglble to get the GRAUITY amount. If continues this organisation till August 2014. Eagerly waiting for ur respose.

 

Thanks&Regards

G.Vijayalaxmi.

 
Reply   
 
Lawyer in Hyderabad.Email:ramachary64@gmail.com

No. You are not eligible for gratuity as per your information. Gratuity is eligible for Five years full service and each year must compleate atleast 240 days. In your case maternity leaves are there. so you are not eligible till August,2014.

 
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FIN

Regret do not agree with Mr. Ramachary.

 

Payment of Gratuity Act 1972; Sec:2A (1), (2) (a) (i) (ii), 7

Maternity Leave and also any other approved leave, holidays, off days are counted in service period and for Gratuity also.

Notice period served by employee is also counted in service period.

If your establishment works for 6/or less days (say5) per week and you have worked for 240/190 in each year you shall be eligible. Hence if you work for 240/190 days in any year and last year (say5th) then you are eligible. If you work up to 28th Aug, 2014 you shall be completing full 5year hence there is no question that you shall not be eligible!

Gratuity is 15 days wages/365 days of year……………….(Basic+DA…..as per last drawn wages).

Since 2012 was leap year hence you should be completing 5Y before  28th Aug, 2014.

You can submit FormI 1 month before the date of retirement chosen by you (resignation/last date in office/expiry of notice period), of course under proper acknowledgment.

Even if the employee has not made any application employer has to make the payment within 30 days of becoming eligible (last date in office in your case) or tender interest @10%pa.

 

 

 
Reply   
 
Manager (Admn)

Dear Kumar Ji,

Under Section 2A of Payment of Gratuity Act 12 weeks is limited for Maternity leave.  In case of Mrs. Lakshmi Ji, she utilised from 4th Feb'11 to 5th Sept'11 

 
Reply   
 
Manager (Admn)

Dear Kumar Ji,

Under Section 2A of Payment of Gratuity Act 12 weeks is limited for Maternity leave.  In case of Mrs. Lakshmi Ji, she utilised from 4th Feb'11 to 5th Sept'11 

 
Reply   
 
FIN

Dear Murty ji,

 

The leave is approved.

The employee satisfies Sec;2A(1).................

Sec:2A (2) shall come into play after Sec;2A(1).....................

At the most she may not qualify for Gratuity in an year in which she has not worked for 190/240 days. 

Even some private establishments provide Maternity Benefit of more than 12 weeks.

The pregnant woman may suffer various kinds of sickness  due pregnancy/pregnancy delivery. The leave is approved hence there is no break in service.

Employer can award Gratuity even if employee does not qualify: Sec:4(5).

The Payment of Gratuity Act 1972 is a social security enactment and authorities under the Act ,courts of law (if the matter is presented before authority, court) have been stances favorable to employee.

Ms. Laxmi stake a claim and submit FormI under proper acknowledgment.

 
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