Gratuity tenure
umesh
(Querist) 17 November 2014
This query is : Resolved
I have completed 4.9 Months in my company but they are not ready to give gratuity.
how can i get that and what is the procedure further to get that.
Thanks & Best Regards,
Umesh Bhor
8422987774
Guest
(Expert) 17 November 2014
Service of 4 years and 240 days is treated as 5 years of service for the purpose of eligibility for gratuity. But you have not stated on what ground the company is refusing the claim.
Guest
(Expert) 17 November 2014
About procedure, youshould apply on prescribed application form 1.
umesh
(Querist) 17 November 2014
I am now on notice period and completed 4.9 Years
company denied gratuity for non completion of 5 Years.
HR replied that we are not follow latest amendment.
Kindly advise.
Thanks & Best Regards,
Umesh Bhor
8422987774
Guest
(Expert) 17 November 2014
Be patient, let your resignation be accepted formally and you get yourself relived first from the post before making claim. Gratuity is not permissible while you are in service, may be on notice period.
Rajendra K Goyal
(Expert) 17 November 2014
Wait and have patience. Agree with the expert PS Dhingra.
umesh
(Querist) 18 November 2014
Dear Dhingra Sir,
I will be reveled by this week from the organization
I have completed 4.9 Months in my company but they are not ready to give gratuity.
how can i get that and what is the procedure further to get that.
anything i Need to do now while on job to get the gratuity.
Thanks & Best Regards,
Umesh Bhor
8422987774
Guest
(Expert) 18 November 2014
I don't think you have read my replies properly, otherwise you could have found the answer to your repeated question.
Do you think that gratuity can be granted when you are still in service and not relieved yet by the company?
Further, what is the use of my telling you to apply in prescribed form, when you are still asking "what is the procedure further to get that"? When you don't want to apply in prescribed form, how you can get positive or negative response of the company?
Kumar Doab
(Expert) 18 November 2014
Employee can submit FormI one month before retirement (by resignation in your case).
HR is no one and nobody to decide which amendments it shall follow.....
The employer is bound to supply notice of determination of Gratuity and Payment of Gratuity within 30 days (after effective date of resignation/last day in office) even if no application is made by employee...or employee is eligible for interest for the delayed period....although in case of separation by notice (of resignation in your case) the designated HR personnel....Employer has sufficient time to process FnF dues including Gratuity.....
You may focus on getting the acknowledgement and acceptance of notice of resignation/final resignation, Service Certificate,relieving letter(with good comments on conduct and performance),FnF statement in original,PF number and a/c slips of each year,ESIC card, acknowledgement of handover of charge and company property, salary slips of each month, Form 16 etc..on last day in office......and a good BGV/references check report.....
You can handle gratuity later also...
umesh
(Querist) 28 November 2014
Dear Sir,
I got written email reply from HR stating that "Payment of Gratuity act’ & ‘Company policy’, only the employees who have completed continuous service of 5 years with the organisation will be eligible for payment of gratuity"
Hence, you will not be eligible for payment of gratuity.
Please advice.
1) Section / Under section of gratuity eligible criteria as per new amendment.
2) I am on Notice so I am not taking any action now and wait as you expert guide me.
Thanks
Umesh
8422987774
umesh
(Querist) 29 November 2014
I got written email reply from HR stating that "Payment of Gratuity act’ & ‘Company policy’, only the employees who have completed continuous service of 5 years with the organisation will be eligible for payment of gratuity"
Hence, you will not be eligible for payment of gratuity.
Please advice.
1) Section / Under section of gratuity eligible criteria as per new amendment.
2) I am on Notice so I am not taking any action now and wait as you expert guide me.
Thanks
Umesh
8422987774
Shailesh Kr. Shah
(Expert) 29 November 2014
have you applied for gratuity on prescribed application form 1 ?
