Eligibility of gratuity

Hi Bhushan,

Please note that, as per The Payment of Gratuity act. 1972 under section 2,-A, its mentioned the continuous services, means, employee shoud have work continuesly minimum for 5 yrs without interrupted of services for become eligible for Gratuity.

So, as per section 2, One year shall be consider with minimum worked for 240 days by employee & for six months service shall be consider for minimum worked for 120 days. 

its means, in your case, you have worked for 4.7yrs, then his 7 months services shall be consider as one year subjected minimum 120 days worked during this 6 months, then he / she become eligible for 5yrs of gratuity amount.

I hope above provided details are satisfy your query.

Regards,

Tushar Swar

(ACHRM, MBA-HR, DLL(Hons) In Labour Laws.

You have worked for 4.8 years+.

You should have worked for 190 days/year and 190days in 5th year.

You should be eligible.

4.6 years of servic edoes not confer eligiblity.

6months 1 days =1year is applicable after 5th year.

Submit FormI under proper acknowledgment 30days before LWD and request to supply the Notice of Dtermination of Gratuity by Redg. post. 

Dear Sir,

Could you suggest me the Eligibility of Gratuity in my case.

D.O.J: 11-Aug-2011

D.O.Exit: 1-April-2016 

Am I eligible for claiming Gratuity? I am working for a private Organization in Pune where the company follws 5 day working...Please guide me.

Thank you.

@ Amol,

It is so simple to relate your query with original query, that is strikingly similar,  and calculate for yourself.

Submit FormI under proper acknowledgment.

Sir,

The organization which is registered under society registration act,1961 of West Bengal and whose employees has been working continuously (except govt. holidays) last 10 years on contractual basis and the total of such employee is more than 100. Is the employee of that organization eligible for gratuity?

@ Sk.Jafar Ali,

Submit FormI under proper acknowledgment to contractor and if the need be Principle Employer as well.

Let there be  a written reply from employer to you.

1. Until exempted the Act may apply to society.

You may pick up relevant points from such threads e.g; illustrated threads at:

https://www.lawyersclubindia.com/experts/Payment-of-Gratuity-600816.asp

2. It there is no break in continous service then Gratuity may be payable.

If the break is artificial so as to avoid payment of Gratuity, you may still succeed.

3. You may make it crystal clear that your association was as per 'Contract of Service' or 'Contract for service'.

In certain situations if Contractor does not pay it might be possible to fasten the liablity on Principle Employer.

You may pick up relevant points from such threads e.g; illustrated threasd at:

https://www.lawyersclubindia.com/forum/whether-gratuity-payable-to-contract-employees-6439.asp

Does the contractor have a more beneficial scheme of gratuity than Payment of Gratuity Act?

If yes avail it.

You may go thru: