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vijay...... (HR)     16 August 2013

Eligibility of gratuity

Mr.Rama Rao is joined in 01.03.2004 wherea our plant comensing in operation on 01.04.2004 

Said employee has resigned on 28.02.2009 is the employee eligible for the gratuity or not ?



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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 August 2013

Minimum 5 years continued service without any allegations on employee will be eligible. At the end of his service when he resigned from the company, An employee who has put in his service for a period of 240 days in fifth year will be deemed to have continued in the service for 1 year.

Mettus Beardsell Ltd., Madrs Vs. RLC(C) 1998 LLR 1072(Mad)


 

Kumar Doab (FIN)     16 August 2013

The other thread on similar query:

https://www.lawyersclubindia.com/forum/Eligibility-to-gratuity-86550.asp#.Ug5lFtKAqWM


The employee is eligible.

The employer must have entrusted the task of handling gratuity to one person in HR.

The HR person made responsible by employer may issue notice to employee on calculation of gratuity with a copy to controlling authority of gratuity, and pay the amounts with in 30 days as per:

 

Section: 7: Determination of the amount of gratuity: (2),(3)

 

From the date of reference (date of resignation)

The HR person should have supplied the FormI to employee.

If the company has obtained insurance from LIC as per

Section: 4A: Compulsory insurance

The company should pay entire amount to employee, as paid by LIC to the company.

 

Company should not keep any amounts from amounts paid by LIC if amount calculated   as per formulae of calculation of gratuity is lesser than amounts paid by LIC to company.

There are many threads on Gratuity e.g:

https://www.lawyersclubindia.com/experts/Gratuity-413331.asp#.Ug5l7tKAqWM


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