Payment of gratuity
Dhiraj
(Querist) 26 April 2012
This query is : Resolved
if any employee works in different units of same company for contious period of five years is he eligible for gratuity? and employee worked with differrent organisation of on group means workd for contious five years in various companies, organisation of one or more owner then is he will be entilted to get gratuity?
Whether person having basic +Da more than ten thousand eligible to get bonus if he he is having less than 10000 basic +da in preious years
Guest
(Expert) 26 April 2012
There is a difference between working in different units of a company and different companies of a group of companies for five years. Minimum service in any particular company should be five years for the eligibility of gratuity, NOT combined service in different companies of a group of companies.
prabhakar singh
(Expert) 26 April 2012
Each company is a distinct entity.For if one has worked in different units of Tata motors for five years then he is entitled to gratuity.
But if he has worked for 2 years in Tata motors and for 2 years in Tata coffee and for 1 year in Tata chemical,then despite that Tatas are promoters of all these 3 companies,in my understanding of law he shall not be entitled to gratuity.
Raj Kumar Makkad
(Expert) 26 April 2012
Apart from the eligibility told in detail by Dhingra ji, such employee if found eligible for the grant of gratuity cannot claim it over and above Rs. 10,000/- as salary means his salary shall be restricted up to Rs. 10,000/- per month even though he might be earning more than that amount and basic and dearness allowance shall be added for computing the gratuity.
Dhiraj
(Querist) 07 May 2012
WHat about the bonus? an employee having Basic + D.A. more than 10,000 but whos salary i.e. Basic + DA was less than 10000/- in the previuos years and he got the bonus for those years, then,
Is such employee is eligible to claim bonus in the year in which his Basic+ DA is more than 10000/-?
