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Gratuity on leaving of job.

(Querist) 21 December 2015 This query is : Resolved 
Dear Sir and Madam,

I am working as a Accountant in Chartered Accountant Firm & one Pvt. Ltd. Company in Mumbai.
I am working last 8 year and i am getting salary in cheque from CA Firm & Pvt Ltd company. Now I am decided to leave the current job. In my Office total employee is 7-Sevan only. I am eligible for gratuity or not. I don't know what is the correct rule. Some friends tell me that gratuity is to be there. I am 40 years old now.

Please advice.
Kumar Doab (Expert) 21 December 2015
You are getting salary from two firms.

What is strength of employees in each firm.

Has it been more than 7 at any point of time?
If yes how much?

You may go thru; Payment of Gratuity Act,1972.
Nandukumar Kamat (Querist) 22 December 2015
In CA Firm 4 Employee & in Pvt. ltd. Co. 3 Employees working. CA Firm Proprietor & Co. Director is one person. Suppose in any Proprietary Firm person working for 15 to 20 years of service but in such firm total Employee working only five Person. After leaving the job he can get eligible for gratuity benefit or not.
Kumar Doab (Expert) 22 December 2015
Have you counted only the direct employees?

Are there any indirect/contractual employees that shall increase the number of employees, and can you prove it?


Is it stated in appointment letter issued to you that Gratuity shall be paid?


Was ever in last 15-20 years the Payment of Gratuity Act applicable?


Some employees by virtue of their proximity,position,matter held, sensitivity etc attain some kind of handle on establishment and can bring employer on table for amicable settlement.

If workable settle amicably.


The employer can always provided better benefits than in the Act and can pay Gratuity even if employee is not eligible.





Rajendra K Goyal (Expert) 22 December 2015
Well discussed by the expert Kumar Doab, author need to provide required information by him.
K.S.Srinivas (Expert) 26 December 2015
The Payment of Gratuity Act 1972 is applicable to Every shop or establishment where ten or more persons are employed or were employed on any day of the preceding 12 months (Section-1.
Kumar Doab (Expert) 26 December 2015
It was felt that the author has received the response from employer.


The author may explore all options and may get payment from employer.


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