ABHIJIT MAHATO (DM) 02 January 2013

Eligibility for gratuity

I have worked for 6 years 6 months in a company. Out of which 2 years jobs is on contract basis and 4 years 6 months is on permanent basis. Now I am leaving the company. Am I eligible for Gratuity payment on resignation?

Thanks/Regards,

Abhijit Mahato

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12 Replies

Jay (Service) 02 January 2013

No..Your permenent job done not exceed 5 year...

ABHIJIT MAHATO (DM) 02 January 2013

But my tenure completed 4 years & 240 days a year which is deemed to be complete in terms of continuous service of 5 years. Is it right? Please advice

Kumar Doab (FIN) 02 January 2013

If the period of contract was with the same company and if f there is no break in service with the same company you may succeed for payment of gratuity, for total period of 6Y6M.

If your company works on 6days/week then if you have completed 240 days in 5^th year you may succeed for gratuity claim of 4Y6M.

If your company works on 5days/week then if you have completed 240 days in 5^th year you may succeed for gratuity claim of 4Y6M.

You may look into the provisions of the Act,

Section: 2
Definitions.

(e) "employee" means

Section: 2A
Continuous service.

(2) (a)

and judgment of the HC and SC.

You may go thru highly informative threads initiated by employees pertaining to gratuity at the following link:

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.UORRLPLZ1JI

including the one at:

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.UORRLPLZ1JI

Discussion > Labour & Service Law > Gratuity > Clarity between gratuity eligibility service (5 or 4.8 yrs)?

Attached File : 381822706 paymentofgratuityact(1).doc, 381822706 13 13 gratuity 20 20madras 20hc 20judg 5b1 5d 1 .pdf downloaded: 142 times

Kumar Doab (FIN) 02 January 2013

To stake your claim for gratuity submit FormI to o/o your appointing authority under proper acknowledgment.

First you may request your company {in writing under proper acknowledgment} to supply to it, and if they decline to supply put it on record. If they have already declined it you may still write to them narrating the days and dates on which you made a request in person.

This shall help you to condone the delay if any need arises for it.

You may also check with o/o Controlling Authority of Gratuity {which may be DLC at your location} if FormI is same as attached or obtain it from them and submit it to company under proper acknowledgment.

In case company refuses to accept FormI or throws tantrums you may send by redg. post and submit a copy of the same to Controlling Authority of Gratuity { under proper acknowledgment} with a copy of redg. post receipt.

If the need be you may avail the services of a competent and experienced labor consultant/service lawyer at your location.

Attached File : 381822706 form i gratuity9.pdf downloaded: 85 times

ABHIJIT MAHATO (DM) 03 January 2013

My date of joining in a company is 27.06.2008 and date of releasing is 28.02.2013. Am I eligible for gratuity?

Kumar Doab (FIN) 03 January 2013

You may take 28.02.2013 as Date of reference.

You may start from 27.06.2008 and count 4 years.

Then you may count 240 days {in 5^th year} of continuous service up to date of 28.02.2013, if your company operates on 6days/week, and 190 days if your company operates on 5days/week.

The act and its provisions are self explanatory.

If you staisfy the explanation of employee and eligiblity criteria you are eligible.

Do your home work and stake your claim.