Natasha 31 March 2016

Gratuity eligibility

Dear Sir/ Madam,

Could you please help me in understanding eligibility for Gratuity in my case

Organization Type - Private Company in Mumbai (Big 4 Audit firm)
Works for 5 days a week i.e. Monday to Friday and Saturdays and Sundays are off
Date Of Joining - 21st Nov 2011
Planning to resign on Monday, 4th April, 2016
Expected Last Date at work - Friday, 3rd June, 2016 (Considering 2 months of notice period)

Taking 3rd June, 2016 as my last date at work, completing 4 years and 195 days, will I be eligible for claiming Gratuity payout?

Experts please share your inputs.

Thanks in advance.

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7 Replies

Kumar Doab (FIN) 31 March 2016

Based on information posted by you, you should be.

You may submit FormI 30days in advance under proper acknowledgment and ask to send you the FnF statement and Notice of Determination of Gratuity in time thru Redgf. post.

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Natasha 31 March 2016

Thank You Kumar Doab for quick response.

I want to make a small change on my post. I will be completing 4 years and 195 calendar days by 3rd June, 2016

Would there be any change in your response?

Does it still qualify me for Gratuity payout?

Kumar Doab (FIN) 31 March 2016

No change.

You may implement the suggestion.

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Natasha 01 April 2016

Is it possible to submit Forml or initiate the claim process post my last date of work i.e. 3rd June, 2016?

The reason why I am asking is I don't want my employer to cut down on my notice period by a week or 5 days, which may not help me in completing 4 years and 190 days.

Appreciate your time and valuable suggestion.

Kumar Doab (FIN) 02 April 2016

The employer on its own should supply Notice of Determination of Gratuity and payment of Gratuity within 30days from LWD even if no application/FormI is made by employee or interest @ 10%pa, shall have to be paid.

You may show all employment related docs and get these examined in detail by an able Labor Law Consultant/Service matters lawyer and let your counsel opine finally, and also so that you do not err.

Online discussion have its own limitations.

Rest is upto you.

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Natasha 02 April 2016

Shared information has helped me in understanding my eligibility toward Gratuity payment.

Thank You for the expert advice.