Gratuity eligible

It does.

Payment of Gratuity Act,1972:2A

is clear. 


GO thru it.

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

There are many threads on similar query:

at:

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



e.g;




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


https://www.lawyersclubindia.com/forum/Gratuity-eligibility-5-years-or-4-years-240-days-111887.asp
 

Many employees have been able to resove similar issues by discussions thru threads and by applying their own skills.

Hi Kumar,

Please find the reponse from my previous organisation about my gratuity query. They are not considering the weekends and Public Holidays for 190 days in 5th year. My DOJ is 02.07.2007 and LWD is 30.03.2012. Please advice.

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Gratuity payment is statutory payment which is as per the State Act.  For an Employee whose service is more than 4 years 190 working days and this 190 working days does not include any holiday and weekend. Considering your LWD as 30.03.2012 you have completed only 4 years and 182 working days. Hence you are not eligible for Gratuity.

Which is this State Act?

Payment of Gartuity Act,1972 is statue.

Which state Act prevails upon it?

Generically speaking: you have worked for  4Y08M28D.

From DOJ count 1Y then next so on and from 5th year count days.

Take care of leap years.

Calculate yourself.

Have you submitted FormI, under proper acknowledgment?

Take help of elders of the family, employee’s/trade unions and a very able counsel of unshakable repute and integrity specializing in Labor/service matters.

The threads suggeested above are comprehensive.

HI ,

My total service in my company is 5 Years and 3 months. So please confirm that, i am eligible for Gratuity or not

You should be eligible.

For the purpose of Calculation of Gratuity 5Y3M=5Y

Sir,

Please find the response from my Employee.

Leaves are considered for the whole tenure in XXX. Post considering the leaves you have served only 4 years and 182 working days hence you are not eligible for the gratuity amount.

DOJ - 2Jul2007 and LWD - 30Mar2012.

Any suggestions?

@ John,

You have not replied to: which State Act?