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(Guest)

Eligibility for gratuity

Hi,

I am going to complete 4 year and 10 months(58 months) service in my company. During this period of 58 months, first 26 months I had worked in construction division of my company and later they had transferred me to another division which was registered as a private limited one. Now I have a doubt about my eligibility for the gratuity, because the first division was not a private limited one.

Kindly advice me about the eligibility criteria regarding the company type, as I am not much aware about the law practices in this regards.

Thanks in advance...



Learning

 3 Replies

Kumar Doab (FIN)     21 August 2013

If you have served the same employer (without any discontinuity in service) you are eligible.

Submit FormI AS AP by redg. post and obtain POD from PO.

You may go thru:

Payment of Gratuity Act, 1972

 

Section: 1
Short title, extent, application and commencement: (3)

Section: 2
Definitions.

(e)

Section: 2A
Continuous service.

(1), (2)

Section: 7
Determination of the amount of gratuity: (1), (2), (3) , (3A)……………

There are many threads on Gratuity at:

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

You ay go thru these e.g;

 

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


Attached File : 506019303 paymentofgratuityact(1).doc downloaded: 141 times

(Guest)

Hi,

Thank You Kumar Sir.

Please give me a clarification regarding below too;

As the said company is working according to a 6 day/week calender & my employment ended up after completing a continuous service of 4 years,10 months and 21 days. Is there any problem to my eligibility?

Thanks & Regards....

Kumar Doab (FIN)     03 October 2013

You have posted that:

---------“As the said company is working according to a 6 day/week calender & my employment ended up after completing a continuous service of 4 years,10 months and 21 days. Is there any problem to my eligibility?”

I am going to complete 4 year and 10 months(58 months) service in my company. During this period of 58 months, first 26 months I had worked in construction division of my company and later they had transferred me to another division which was registered as a private limited one. 

Transfer and deputation are part of service conditions.

Hope you were transferred by a transfer order and you have not resigned from 1st company and were not issued fresh appointment letter by 2nd  company.

If you have served without any discontinuity in service you are eligible.

Submit FormI AS AP by redg. post and obtain POD from PO.

 

There are many threads on Gratuity at LCI, you may go thru these………….at:

 

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

e.g;

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

 

If it is same employer and you were made to resign approach a competent and experienced labor consultant/service lawyer with copies of all the relevant documents and your lawyer may opine the break in service was artificial to avoid payment of Gratuity.

The lawyer that has seen all of your docs and has analyzed your inputs can advise you the best.

 

 

 


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