Murtaza 27 February 2019

Gratuity amendment - eligibility

Dear Lawyers, Greeting of the day, I was working in a bank (for third party payroll) which works for 5 days a week, and resigned recently, I have completed more then 4 years and 190 days without any break in services, As per the Act I downloaded from Gov.in Which states that An employee who works for more then 190 days in his last year of services can be considered for Gratuity. Now my HR is denying the claim stating that Only person who works in a MINE is eligible for said act of 4 years and 190 days. and Banking field is not considered under the same. Kindly confirm whether I am eligible or not.

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5 Replies

Suhail suhail (LAWYER) 27 February 2019

The bank has their own rules and norms ,you must ask for the banking schedule ,

kavksatyanarayana (subregistrar/supdt.(retired)) 27 February 2019

For me, for gratuity atleast 4years and 240 days of service is required.

Murtaza 27 February 2019

I have got to know that there is no such rules that bank made for itself regarding this act.

Murtaza 27 February 2019

@Mr Om Prakash I am worried because they are adamant about the criteria and is stucked at 4 yr 240 day, not accepting the fact of the rule of 5 Days week.

HR mailed me there is recent amendment made which excludes every other instituion for criteria of 4 yr 190 day and only workers in mine field (under ground workers) are eligible.

Is there any such amendments. pl update.

Murtaza 28 February 2019

okay, thanks for the input, I need a little clarification on below if someone can help me out which is marked as Bold

Where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer-

(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than-

(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and (ii) two hundred and forty days, in any other case: