Gratuity eligibility 4 yrs 8 months

@Kumar K,

The above mentioned threads explain the matter for yours and similar  query.

Make an effort and go thru these threads carefully.

Count from DOJ to LWD. Take into account leap years also.

First count No. of years, then no of days in 5th year.

If the establishment works for 6days/week or less than 6days/week  and if you have rendered unintrupted service of 240/190 days in a year, then you are eligible.

Thanks for your immediate response

i posted one more query below

Who will take responsibility for gratuity payment, Organisation or Gratuity team??

Employer is liable.

Usually employer designates a person in HR for the process.

If designated person or employer does not respond or provide relief, apply your skills of reasoning, persuasion,persistence to resolve in your favor.

Employer can offer better terms of Gratuity than in the Act and pay by its sweet will/decidion, even if employee is not eligible.

At the above mentioned link you shall find many threads by employees that succeeded.

If required involve employee's/trade unions, Labor Law Consultant.

My service with Private Limited Company is 4 Yrs and 8 Months (Approx)- DOJ 26-JUN-2012 and Date of Relieving is 03-MAR-2017. Whether i am eligible for Gratuity or not.

If yes then let me know the rules if not please let me know why.

Your valuable comments will be appreciated.

@Maniraj

Approx. 150 Peoples.

@ Maniraj,

You are eligible for gratuity. Send your claim on the prescribed FormI to the employer.

Dear LCI querist @ Mr. Maniraj,

This matter, requisite forms e.g; FormI and judgments have been discussed in detail in many threads at:

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.VEDdm2eSwb8

   e.g:  

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

 All queries shall be clear by going thru these threads.

You may write under proper acknowledgment to designated HR person and good offices of appointing authority,MD/CEO that the 'Notice of Determiantion of Gratuity', payment of Gratuity, and requisite form if any has not been supplied to you.

If anyone has declined to pay Gratuity to you verbally in person, by phone or in writing you may cite that on dated;.................Mr/Ms...............designation..............address has declined to pay Gratuity and without citing any relevant Act and its provisions and rules..............

You may add that FormI is attached.  

Hi,

How do you calculate the period for gratuity? In a year there is 365/366 days but above calculation shows 240/190 days = 1 year? So what about the remaining days? Are the weekly offs / holidays not accounted for calculation? Appologies if my questions are sounding stupid :-)

Can anyone help me with the same.

Regards,

Aji Thomas

Dear LCI Querist @ Aji,

GO thru 1st post in the thread and my 2nd post in the thread.

It is easy to understand and calculate.

To be eligible you need to clock 4Y240/190D if the establsihment works for 6days/week or less than 6days/week.

Your establishment works for how many days/week?

Originally posted by : Aji
	Hi, I joined the company on 3rd of February 2014 so basis of the above calculation how long (till which date) should I work to be eligible for Gratuity as the calculations above are little confusing. Can anyone help me with the same. Regards, Aji Thomas

Your query reveals as if you are working in the organisation just for the sake of earning gratuity, not for career development. By the way, will you prefer to continue to work in the company till you become eligible for grartuity, even if some better opportunity becomes available for you in some other company?

Dear Mr. Dhingra,

Maybe my way of putting the question was wrong my sincere apologies :-). I wanted to understand the calculation of Gratuity period as getting confused with 240 / 190 days being one year? How? Is there any books which can be referred for the same?

Regards,

Aji

Originally posted by : Aji
	Dear Mr. Dhingra, Maybe my way of putting the question was wrong my sincere apologies :-). I wanted to understand the calculation of Gratuity period as getting confused with 240 / 190 days being one year? How? Is there any books which can be referred for the same? Regards, Aji

Mr. Aji,

By changing your original question and side-tracking clarification may not help you in any way. Your original question was, "I joined the company on 3rd of February 2014 so basis of the above calculation how long (till which date) should I work to be eligible for Gratuity as the calculations above are little confusing. Can anyone help me with the same."When you noticed reference of 4 years 240/190 days, asking your question with you service 3 & 1/2 year was not relevant. Now you have come forward with quite a different plea about calculation based on 240/190 days. So, where is the logic of your clarification with specific reference to your original question.

There are several factors that regulate payment of gratuity. So, even if you are not employed below the ground in a mine or in anestablishment which works for less than six days in aweek, you should forget about consideration of the period of 190 days, even after you get qualified for gratuity after rendering the required period of service.

For your knowledge, you may refer the book on "The Payment of Gratuity Act, 1972." You can find the Act at the following Government of India's weblink for downloading and study to enhance your knowledge:

https://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

Dear LCI Querist @ Aji,

While the calculation is easy and explained in this thread.

The Gratuity can be paid/better terms of Gratuity can be offered/negotiated.........

Refer to Payment of Gratuity Act,1972; Sec;4(5)

https://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

So get such terms preferably reduced in writign from employer.