Kanhaiya 01 March 2016

Eligibility for gratuity payment

Dear Experts,

Recently I came to know that for getting the Gratuity Payment countinous service of 4 years 10 months is sufficient. But I am not sure with effect from which date this rule is applicable.

My case is very old. I joined a company on 16th Oct, 2003 and my last working day at the company was 25th August, 2008. So, the total period of service comes to 4 years 10 months 9 days and I was not paid the gratuity paymemt after the resignation and also I didn't ask for:

1) Firts of all, was I eligible for Gratuity? if Yes,

2) Can I claim gratuity payment now?

Thanks for your valuable advice in advance.

Regards

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3 Replies

Kumar Doab (FIN) 01 March 2016

Go thru:Payment of Gratuity Act,1972.

If the establishment works for 6days/less than 6days per week and employee has worked for 240/190 days in year (off days/holidays etc included) then employee is eligible.

The employer has to supply the Notice of Determination of Gratuity and payment of gratuity even if there is no application by employer.

The employee can submit FormI, under proper acknowledgment.

There is no limitation on claim of Gratuity.

jagadish paranjape (Advocate) 16 June 2016

The requirement for being eligible to claim gratuity is five years contineous service.

Contineous service is service without interruption.If in any year the service is interrupted

then in that year the employee should have rendered at least 240 days actual service.

In your case you have rendered four years contineous service,but in fifth year the service is interrupted due to resignation.However you have worked for >240 days in that year.Therefore you are entitled for gratuity.

However there is delay of 8 years ,which you may be required to explain.Although your claim may not be defeated on that ground alone.

Kumar Doab (FIN) 17 June 2016

You may initiate by writing under proper acknowledgment that 'Notice of Determination of Gratuity and payment of gratuity ' was not supplied to you, and submit FormI.