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Srinath (Consultant)     14 September 2014

Gratuity


Hi,


I joined a major Company in Bangalore on 3/3/2010 and I shall be exiting the Company on 11/11/2014.


Please let me know if I am eligible to get the Gratuity amount as it is lesser than 5 years. Your kindly response would help me to organize my finance properly.

Reply awaited.

 

Regards,

Srinath



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     14 September 2014

My personal view is that Section 2A "continuous service" and Section 4 "Payment of Gratuity" should be read separately. I feel that 240 days come into picture only after the initial completion of 5 years as per Section 4 where it specifically mentions that : 

"Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years".


Kumar Doab (FIN)     14 September 2014

If the establishment works for 5/6 days per week and you have worked for 190/240 days in a year you are eligible.

The employer should supply the notice of determination of Gratuity and payment on its own within 30 dasy from having become eligible…………………………………………..and Employee may also submit FormI under proper acknowledgment.

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#.VBVWeJSSwb8

 

You can download all details from these threads.

Ashish Dongre (Advocate)     14 September 2014

Since you have complected your 4 years and 8 months in your organization,it will be treated as five years  of service so you are eligible for gratuity.so now you can organize your finance properly.


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