Gratiuty Eligibility

What is this establishment that has employed you; Govt, Private? Which Gratuity Rules/Act applies to establishment e.g; Payment of Gratuity Act, 1972? Have you downloaded the applicable Rules/Act?

From the way you have drafted the query it is guessed that you are not properly informed employee and have not checked with any of the elders of the family, senior and experienced employee in establishment, Admin, HR, seasoned employees/trade union leaders and have not attained access to a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/Service matters and having successful track record…

Generically speaking;

As per the date posted by you, your tenure of  service would be;04Y05M20D

You may go thru;

THE PAYMENT OF GRATUITY ACT, 1972;1,2,2A,4,7

https://maitri.mahaonline.gov.in/pdf/payment-of-gratuity-act-1972.pdf

If the Act applies to establishment :

If the establishment works for 6days/week the employee should have worked for 240days/year and in 5th year/last year ……………in simple words employee should have worked for Min.4Y240D

If the establishment works for less than 6days/week the employee should have worked for 190days/year and in 5th year/last year ……………in simple words employee should have worked for Min.4Y219D

You may also go thru;

THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972-1

https://labour.gov.in/sites/default/files/ThePaymentofGratuityRules.pdf

and rules framed by the state in which you are employed….e.g;

THE GRATUITY ACT, 1972 The Payment of Gratuity (Maharashtra) Rules, 1972.

https://www.esipf.com/labour-law/the%20gratuity%20act.pdf

There are many threads on similar query at LCI that you can search thru SEARCH option and download the applicable Act/Rules/Forms/Citations/Judgments………..

e.g;

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

Thanks for your reply Sir,

I am working in a Private Sector Company which is a MNC in Chennai, your guess was correct i hadn't gone for any suggestions with my seniors.

One of my colleague informed me about this Info.

First 2 Year & 7 months i worked for 5days a week and then later on opted for 6 days a week till now.

How can be the Eligibility days can calculated for the above.

I mailed to HR but he replied to my TL & my TL is hiding the info about Eligibility.

Can you suggest your opinion to avail the Gratuity, My joining date is on 02/09/2013, can i know on which date i can avail Gratuity.

These are personal matters and can be communicated from personal email id also.. or by letter thru redg. Post.

Anyway for the time being you may write to said HR personnel that you have not recieved any reply....'

The claculation is simple and you may start fro intended LWD...count each year and then no. days till DOJ..

You can do IT yourself or consult elders, colleagues etc etc as already suggested...

Sir Please provide me your personal mail id & contact number to approach you directly.

You may also start from DOJ....cont each year (say 4year) and then 240days..............and you can arrive at suitable LWD...............

Originally posted by : Anif
	Thanks for your reply Sir, I am working in a Private Sector Company which is a MNC in Chennai, your guess was correct i hadn't gone for any suggestions with my seniors. One of my colleague informed me about this Info. First 2 Year & 7 months i worked for 5days a week and then later on opted for 6 days a week till now. How can be the Eligibility days can calculated for the above. I mailed to HR but he replied to my TL & my TL is hiding the info about Eligibility. Can you suggest your opinion to avail the Gratuity, My joining date is on 02/09/2013, can i know on which date i can avail Gratuity.

Seniors does not mean seniors in company alone...........

Consult with all as already suggested in previous posts.

If HR person has posted to TL then one of the scenario might be.....................might be .....might be  that pressure may be put on you to move you out of company before chosen LWD.........

Remain vigilant, alert...................and amiable and gentle...