can I get gratuity?

Dear Vrushali,

I am afraid you are not eligible for gratuity, as the minimum requirement is 5years of continuos service. only for calculation period if service period exceeds six months or part thereof then it rounded off to the next year.

Regards

Amitesh

Dear Amitesh,

I have read some cases within this portal only where some has given refernce of law & said if employee has comleted 4 years & more than 6 months he is eligible for Gratuity.

Want to confirm this.

Regards,

Vrushali

Dear Vrushali,

Mr. Amitesh is right. Gratuity shall be paid to an employee on the termination of his employment after s/he has
rendered continuous service of not less than 5 years i.e. on superannuation, retirement, resignation, death or disablement due to accident or disease

Regards,

Raj Shah

+91-9099072745

I joined an U.P.Technical University affiliated engineering college on 19.1.2004 as Second Division Assistant(SDA) on Contractual basis for one year.  I was put on pay-scale from 26.6.2005 (with probation of two years).

I resigned from job with effect from 15.02.2011.  Hence I have been working for the same institution from 19.1.2004 till 15.2.2011 - this period includes one year on contractual basis.  Besides I have taken Leave Without Pay during maternity for approx. 1.6 years - the same is sanctioned leave and I was on records during the period.

Now the instution administration is refusing to pay my Gratuity saying that I'm not eligible for the same.  I want to enquire whether Leave Without Pay (sanctioned leave) is considered as 'Continuity of Service" and whether the One year Contractual Period is also considered alongwith the same - i.e. continuity of service or not? 

Thanks.

Anita Vaswani

Mobile No. 9818 355382

Email : anitavaswani1968@yahoo.co.in