Gratuity
Raghuram
(Querist) 29 April 2018
This query is : Resolved
Am i eligible for gratuity
I joined on 29 july 2013 and my last working date 31may 2018.
Plz guide
Ms.Usha Kapoor
(Expert) 29 April 2018
You are eligible for gratuity as you've worked for 4 years 10 months. You have worked the 5 Th year uninterruptedly and continuously for 240 days without any break hence you are eligible to draw gratuity.in full.
Dr J C Vashista
(Expert) 29 April 2018
Prima facie it is a hypothetical academic query, which should have been solved by your tutor.
P. Venu
(Expert) 29 April 2018
Why this query? Are there any deeper issues?
Kumar Doab
(Expert) 29 April 2018
You have posted without clarifying;
What is this establishment; private, govt?
Which gratuity rules apply?
Do you have copy of PF, Gratuity Rules applicable to establishment?
If yes; post link or attach.. Erase all names etc to maintain confidentiality.
What is your designation/nature of duties e.g; You are teaching, Non teaching staff?
The establishment works for ;6 days/week or less than 6 days/week?
Are you still employed with same establishment?
Kumar Doab
(Expert) 29 April 2018
Assuming that Payment of Gratuity Act is applicable to such establishment in which you are working GO thru:
Payment of Gratuity Act, 1972;1,2A
https://clc.gov.in/clc/sites/default/files/PaymentofGratuityAct.pdf
and check if your establishment is covered and you are eligible..
You may also go thru simple to understand: THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972 https://labour.gov.in/sites/default/files/ThePaymentofGratuityRules.pdf
and simple to understand Rules by your state
e.g; The Payment of Gratuity (Maharashtra) Rules, 1972
http://www.esipf.com/labour-law/the%20gratuity%20act.pdf
If you are a teacher and Act applies to establishment , you should be eligible;
GO thru details at; Discussion > Labour & Service Law > Gratuity > Is the private school teachers applicable for gratuity ?
http://www.lawyersclubindia.com/forum/Is-the-private-school-teachers-applicable-for-gratuity--92288.asp
If Act applies and condition in Sec;1 is satisfied you should be eligible..
Kumar Doab
(Expert) 29 April 2018
Perspectives;
Employer can pay Gratuity on LWD with FnF..
Employee can submit letter to pay Gratuity 30days before LWD..
Still; You are closest to the facts and nature of establishment and bosses and HR personnel you are working with………. And may keep copy of notice of resignation (also POD), and get offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………
After relieving submit letter under proper acknowledgment stating that ‘Notice of Determination of Gratuity’, payment, requisite forms are not supplied and may be supplied… If employer does not pay within 30days from LWD IT has to tender interest @10%pa…
Rest post Gratuity Rules..
