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Rehan (Manager)     16 May 2014

About gratuity

Hi,

I have joined my organization on 17 Aug 2009. I am working in it since then.

Am I eligible now for gratuity as I have completed almost 4 years and 270 days (9 months)?

Can I claim gratuity while working?

 

Rehan



 3 Replies

Kumar Doab (FIN)     16 May 2014

No, you can not claim while in employment.

What is this establishment: Govt, Private?

Did it employ 10 or more employees at any point of time?

If yes provision of Gratuity should be applicable.

The establishment’s works for how many days/week?

 

Assuming that enactment applicable is Payment of Gratuity Act 1972……………..You may go thru Sec;1(3,3A),2A(a)(i)(ii),(b)(i) (ii)

As per provisions clearly explained in the Act if an employee has worked in a year for 190 or 240 days, depending upon The establishment’s works for how many days/week…………………………………….the employee is eligible.

There are many threads on Gratuity at:

 

 

 https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.U3W1LkeBmXU

 

e.g;

 

 

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.U3W1Y0eBmXU

 

Rehan (Manager)     17 May 2014

It is a private company with more than 100 employees. No PF or other facilities. 

SO in this case if I leave the company in next 1-2 months will I be eligible for gratuity?

Right now I have completed 4 yrs 9 months here.

After what time after leaving gratuity can be claimed.

Kumar Doab (FIN)     17 May 2014

The employees that are eligible for PF but are not being for it can lodge a complaint with RPFC in nearest PF office. As already posted that “As per provisions clearly explained in the Act if an employee has worked in a year for 190 or 240 days, depending upon The establishment’s works for how many days/week…………………………………….the employee is eligible.” If the employee has tendered notice of resignation he/she can submit FormI one month before effective date of resignation. The employer has to disburse payment of Gratuity with 30 days of separation or shall have to pay interest @10%pa for the delayed period. The threads mentioned in previous post are comprehensive and answers all queries. IN case of any difficulty approach your lawyer in person.

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