LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

manish1987agal (study)     28 August 2017

Gratuity payable

Hello

I have joined on 02/Sept/2013 and 27/Sept/2017 is the last date of service.

Am i eligible for Gratuity payment ? 



Learning

 10 Replies

Kumar Doab (FIN)     28 August 2017

Has employer in writing by any rule/policy/award/agreement/contract/appointment letter/emial etc etc communicated that you shall be eligible for payment of Gratuity if you have worked for less that 4Y190/240D?

If yes you are eligible.

Kumar Doab (FIN)     28 August 2017

Kumar Doab (FIN)     28 August 2017

If NO you are not eligible, as you have worked for 4Y25D.

The employer can pay by its sweet will.

 

 

Kasyap Ivaturi   29 August 2017

No, you are not eligible.
Eligibility for the Gratuity will start from the 5th Anniversary of your Employment.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 August 2017

5 years good service to be complated for eligibile to get gratuity. No memos issued by employer during your eimployment. This is the condition for employee.

Kumar Doab (FIN)     29 August 2017

Payment of Gratuity Act, 1972;2A {(2)(a)(i)(ii)} 
If employee has worked in each year/last year for 240/190D then is eligible.

Thee are many threads on similar query at LCI e.g;

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp

 

Kumar Doab (FIN)     29 August 2017

If there is any contract/agreement as already mentioned above then you can claim Gratuity.

If there is None, then request the employer.......... 


(Guest)

Service being less than 5 years, gratuity is not permissible. So far, I have not come across any such liberal employer, who would have allowed gratuity before completion of 5 years.

 

 

 

Kumar Doab (FIN)     30 August 2017

There are many publications and threads at LCI also that;

Many employers offer Gratuity for 2 years of service...........

Many employers may pay as per sweet will..........

 

Kumar Doab (FIN)     30 August 2017

Needless to mention if employer has offered better terms or if EMPLOYEE has negotiated better terms and such T&C are on rceord/established employee is eligible.

5Y is not certainly criteria............per extent clauses of the Act that is statue and instrument of social welfare. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query