Gratuity clarification

Minimum 5 years in service is required for getting gratuity  without any memo issues from the management 

Being a HR person yourself you should not face any difficulty.

If the payment of Gratuity Act 1972 is applicable to the establishment and if establishment works for less than 6 days/week or 6 days /week then Count 190/240 days in 5^th year.

If you have worked for 190/240 days in 5^th year you should be eligible.

If you have already submitted notice of resignation then you can submit FormI one month before the date of retirement (expiry of notice period), of course under proper acknowledgment.

The employer has to supply the notice of determination of Gratuity and pay Gratuity even if no application by employee is made.

You may refer to;

Payment of Gratuity Act 1972: Sec1: 3 (b) (c) (3A) , Sec2A: 2(a) (i) (ii), Sec7, Sec8, Sec9…………

There are many threads on similar query at;

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.Uz09BUeBmXU

e.g;

https://www.lawyersclubindia.com/forum/Company-is-rejecting-gratuity-after-working-4-9-years-91201.asp#.Uz057EeBmXU

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.Uz09IUeBmXU

You may find these relevant.

The Supreme Court Judgment quoted  is of year 1980.

In year 1984 the section 2A was inserted in the Act, which is self explanatory.

Now no more clarification is required as the matter is self explanatory.

Therefore any establishment and any HR personnel should comply with it.

Despite the clear provisions in the statue if anyone resorts to mislead and misguide there are provisions of penalty, punishment, imprisonment in the Act.

Emphasis may be put on ‘If Anyone’ as in the Section9……………………