Gratuity eligibility 4 yrs 8 months

Originally posted by : Rittu Paran
	hello Mr. Dhingra, Thanks for answering the questions above, in my case I left the company exactly after 7 years and 6.0 months (1/Feb/2010 to 31/July/2017). Based on your expertise what would be the number of years for which I would get the gratuity i.e. 7 or 8 years? I have gone through many forums but as my case is specific for 6.0 months (in addition to 5+ years) thus I couldnt find any info. Is there any court judgement for a similar case of completion of 6.0 months ? Thanks, Rittu Paran

Generically; You have worked for 07Y05M30D.

As per;

Payment of Gratuity Act,1972; 4(2)

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

You have not worked for 'in excess' of 6 months in 7Y.

Hence the establishment has calculated as; 7Y.

 

Originally posted by : Shrikant
	Hi Mr Dhingra, Highly appriciated your help , need one more favour just want to clear one doubt - as company is telling that you need to complte your 240 days excluding your leaves, privlage leaves, weekly off, public holidays . Is there any conditaions as such in 240 days . Pls help .

Holidays, week off, approved leave is counted  for calculation of Gratuity.

Originally posted by : Rittu Paran
	Thanks Mr. Dhingra for the reply, much appreciated. Cant do anything now, if I knew about 1 day costing me 1 year of Gratuity then definitely I would have spent 1 extra day. Ironically I served my notice less by few days and paid for serving lesser notice so got a hit from both ends.

 

Refer; Payment of Gratuity Act,1972; 4(2)(5)

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

The employer can offer better terms and pay by its sweet will.

From date of reference; DOJ to LWD ; 1st calculate; 1st year  then onwards and 190/240D in last year.For leap year take one day extra.

Try if you can convince designated HR personnel or good offices of appointing authortiy,MD, CEO on both... 

 

 

Originally posted by : Rittu Paran
	Thanks Mr. Dhingra for the reply, much appreciated. Cant do anything now, if I knew about 1 day costing me 1 year of Gratuity then definitely I would have spent 1 extra day. Ironically I served my notice less by few days and paid for serving lesser notice so got a hit from both ends.

 

Employee should consult beforehand than acting on his/her own and take advise of elders of the family, employees/trade union leaders, a very able LOCAL counsel specializing in Labor/service mattes on unshakable repute and integrity and having successful track record...............

 

Gradually employee becomes properly informed and can understand the provisions of applicable enactments and act wisely.

 

What was the notice period mentioned in appointment letter and tendered by you and waht was the rate of notice pay applied by employer in yor case;@ Basic/Gross/CTC?

Let us see if the notice period/pay applied in your case  was in accordance with applicable enactments or not?

If NOT the T&C on notice period/pay inserted by employer in any private agreement/policy/rule e.g; appointment letter/service agreement/HR policy may be VOID.

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

Originally posted by : Rittu Paran
	hello Mr. Dhingra, Thanks for answering the questions above, in my case I left the company exactly after 7 years and 6.0 months (1/Feb/2010 to 31/July/2017). Based on your expertise what would be the number of years for which I would get the gratuity i.e. 7 or 8 years? I have gone through many forums but as my case is specific for 6.0 months (in addition to 5+ years) thus I couldnt find any info. Is there any court judgement for a similar case of completion of 6.0 months ? Thanks, Rittu Paran

 

There are court judgments and I have quoted citations in many threads on similar queries.

Originally posted by : Dhingra, 1962dcg@gmail.com
	Originally posted by : Shrikant Hi Mr Dhingra, Thanks for answering my above query . However my company is denying to pay Grauity saying you are not eligible as there is short fall in 240 days . Can you pls guide me to take further action . Thanks in advance !!   Company is wrong, as your service period from 24th Dec. 2016 to 23rd Aug. 2017 works out to 240 days, which is more than 240 days. You may submit your claim in Form I and wait for reason for rejection. After that you can represent to the prescribed authority of your State Government.

 

In 'Notice of Determiantion' of Gratuity  what is the period calculated by Company?

Avoid jumping to file complaint.

The process may be long, Arduous.

If you wish, discuss in the thread, and with elders of your famliy, seasoned employee's/trade union leaders, a very able LOCAL counsel specializing in Labor/service matters.

 

Thereafter you may proceed as suitable to you.

 

 

Originally posted by : Rittu Paran
	Thanks Mr. Dhingra for the reply, much appreciated. Cant do anything now, if I knew about 1 day costing me 1 year of Gratuity then definitely I would have spent 1 extra day. Ironically I served my notice less by few days and paid for serving lesser notice so got a hit from both ends.

 As suggested to LCI querist @ Shrikant :

 

'Refer; Payment of Gratuity Act,1972; 4(2)(5)

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

 

 

The employer can offer better terms and pay by its sweet will. From date of reference; DOJ to LWD ; 1st calculate; 1st year  then onwards and 190/240D in last year. For leap year take one day extra. Try if you can convince designated HR personnel or good offices of appointing authortiy,MD, CEO on both...'

 

 

 

 

Originally posted by : Rittu Paran
	Thanks Mr. Dhingra for the reply, much appreciated. Cant do anything now, if I knew about 1 day costing me 1 year of Gratuity then definitely I would have spent 1 extra day. Ironically I served my notice less by few days and paid for serving lesser notice so got a hit from both ends.

 

As posted for LCI Querist @ Shrikant:

'Generic calculation is; You have worked for 4Y07M29D. Your establishment/designated HR personnel has calculated it less than 4Y240D, hence declared you ineligible; verbally or in writing.'

Whereas soemone has posted that Shrikant has worked for more than 240days.

 

You may calculate as suggested in previous posts and try to resolve with your own skills.

Many employees have resolved with thier skills and support of their counsels.

 

There are many threads by successful employees at LCI.

On Notice Period/pay; Reply pointwise to all points and discuss further.

 

 

 

 

Originally posted by : Kumar Doab
	While posting such queries employee should post basic information! What is this establishment; Commercial, Industrial? What is its nature of business say; IT, ITeS? How many persons are employed in it? What is your designation and nature of duties? How many persons report to you? Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?   Do standing orders (model/certified) apply to establishment and your designation? What is notice period as per appointment letter/offer letter and what was notice period tendered by you? Was ever any stinker, memo, show cause notice on any misconduct issued to you? Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance? Are you a member of employee’s/trade unions? Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

@ Kumar Doab,

Can you please clarify if your desired above mentioned long information can change the law relating to the payment of gratuity and also whether your own replied would get modified?

Many times before, I sought clarification for what purpose such an information is required, but you never clarified. Can you please make me learn something out of your experience, if you please clarify about the purpose of asking such an information?

Originally posted by : JIGYASU
	Originally posted by : Kumar Doab While posting such queries employee should post basic information! What is this establishment; Commercial, Industrial? What is its nature of business say; IT, ITeS? How many persons are employed in it? What is your designation and nature of duties? How many persons report to you? Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?   Do standing orders (model/certified) apply to establishment and your designation? What is notice period as per appointment letter/offer letter and what was notice period tendered by you? Was ever any stinker, memo, show cause notice on any misconduct issued to you? Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance? Are you a member of employee’s/trade unions? Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?     @ Kumar Doab, Can you please clarify if your desired above mentioned long information can change the law relating to the payment of gratuity and also whether your own replied would get modified? Many times before, I sought clarification for what purpose such an information is required, but you never clarified. Can you please make me learn something out of your experience, if you please clarify about the purpose of asking such an information?

 IT=@PSD,

 

You have already memorized that you can not ask any question from anyone and will not post any comment on anyone's post..................per clear instructions to you.

You will not ask again.

 

 

 

Originally posted by : Kumar Doab
	Originally posted by : Rittu Paran Thanks Mr. Dhingra for the reply, much appreciated. Cant do anything now, if I knew about 1 day costing me 1 year of Gratuity then definitely I would have spent 1 extra day. Ironically I served my notice less by few days and paid for serving lesser notice so got a hit from both ends.   As posted for LCI Querist @ Shrikant: 'Generic calculation is; You have worked for 4Y07M29D. Your establishment/designated HR personnel has calculated it less than 4Y240D, hence declared you ineligible; verbally or in writing.' Whereas soemone has posted that Shrikant has worked for more than 240days.   You may calculate as suggested in previous posts and try to resolve with your own skills. Many employees have resolved with thier skills and support of their counsels.   There are many threads by successful employees at LCI. On Notice Period/pay; Reply pointwise to all points and discuss further.

 

 

Dear LCI querist @ Rittu Paran,

Reply pointwise to all points and both hits you have sufferred can be  discussed.

Originally posted by : Kumar Doab
	Originally posted by : JIGYASU Originally posted by : Kumar Doab While posting such queries employee should post basic information! What is this establishment; Commercial, Industrial? What is its nature of business say; IT, ITeS? How many persons are employed in it? What is your designation and nature of duties? How many persons report to you? Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?   Do standing orders (model/certified) apply to establishment and your designation? What is notice period as per appointment letter/offer letter and what was notice period tendered by you? Was ever any stinker, memo, show cause notice on any misconduct issued to you? Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance? Are you a member of employee’s/trade unions? Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?     @ Kumar Doab, Can you please clarify if your desired above mentioned long information can change the law relating to the payment of gratuity and also whether your own replied would get modified? Many times before, I sought clarification for what purpose such an information is required, but you never clarified. Can you please make me learn something out of your experience, if you please clarify about the purpose of asking such an information?  IT=@PSD,   You have already memorized that you can not ask any question from anyone and will not post any comment on anyone's post..................per clear instructions to you. You will not ask again.

 

Mr. Kumar Doab,

Instead of replying to my query you have written a strange message by writing some code word, "IT=@PSD". Earlier I asked you to clarify about this code word also, but you always evaded replying on that point also.

Please clarify my points.

 

Originally posted by : JIGYASU
	Originally posted by : Kumar Doab While posting such queries employee should post basic information! What is this establishment; Commercial, Industrial? What is its nature of business say; IT, ITeS? How many persons are employed in it? What is your designation and nature of duties? How many persons report to you? Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?   Do standing orders (model/certified) apply to establishment and your designation? What is notice period as per appointment letter/offer letter and what was notice period tendered by you? Was ever any stinker, memo, show cause notice on any misconduct issued to you? Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance? Are you a member of employee’s/trade unions? Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?     @ Kumar Doab, Can you please clarify if your desired above mentioned long information can change the law relating to the payment of gratuity and also whether your own replied would get modified? Many times before, I sought clarification for what purpose such an information is required, but you never clarified. Can you please make me learn something out of your experience, if you please clarify about the purpose of asking such an information?

 

Mr. Jigyasu,

Seems to be absolutely vain effort on your part to know the purpose of asking for a vast informartion by Mr. Kumar Doab, an absolutely fake identity person. When he has never shared his mind with you, why do you expect that suspected terroists, like him  would ever reveal their hidden purposes and intentions of gathering information about employees and employers, even when none of the points have any concern with entitlement of gratuity by the querists.

Hello Mr. Dhingra, I am again getting in touch for gratuity payment made to me for 7 years as i served 7 years and 6.0 months. Reason for my post is- there was a recent meeting which led to change in law governing gratuity (cap increased to 20L), want you expert opinion if there is any change to tenure as well which would entitle me to get 1 more year of gratuity? In one of the replies I was told I spent 7 years 5 months and 30 days where as July was 31 days so its 5 months 31 days. (DOJ 1 Feb 2010 Last date 31 July 2017) Rittu Paran