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RaviSV   04 August 2016

Gratuity

sir i had joined in a pvt company on 19.01.2012 and my services would be closed by 31.07.2016. am i eligible for the gratuity.,please clarify.


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 8 Replies

Anoop Kumar (Accounts Manager/Legel)     04 August 2016

No...if you have completed your 5.5 year in any private limited organization then.you are eligible.

Anoop Kumar (Accounts Manager/Legel)     04 August 2016

No...if you have completed your 5.5 year in any private limited organization then.you are eligible.

H. S. Thukral (Lawyer)     04 August 2016

To become eligible for gratuity an employee has to put in five years of continuous service. In your case you have not completed five years. if you had worked for 240 days in the fifth year, even then you could have become eligible for the same. You have worked about 213 days in the last year (2016). Sorry, this disentitles your claim.     

Kumar Doab (FIN)     04 August 2016

You should have worked for 240/190 days in 5th year if the establishment works for 6/less than 6days/week.

You seem to have worked for 04Y06M12D.

Count leap years in between also.

If the establishment works for less than 6days/week, then you should be eligible.

Or withdraw resignation before expiry of notice period or extend notice period as workable.

Employer can provide better provisions than the Act and pay gratuity by its sweet will.

RaviSV   04 August 2016

sir, my organisation works on 6 day working / week, so please let me know up till  what date i need to work to get the gratuity benefit, as you know i had joined on 19th,Jan'2012.

RaviSV   04 August 2016

sir, my organisation works on 6 day working / week, so please let me know up till  what date i need to work to get the gratuity benefit, as you know i had joined on 19th,Jan'2012.

Kumar Doab (FIN)     04 August 2016

Count from DOJ; 4Y and 240days.

H. S. Thukral (Lawyer)     04 August 2016

If you have not taken any unauthorised leave during 2016, you have to work up to 31st August.  A continuous service of one year mean that one should have worked for 240 days including closed days and authorised leave in that particular year only. From 2012 to 31st Dec 2015 you have completed 4 years  continuous service and in 5th year starting from Jan 2016 you have to work 240 days ending 31 Aug.


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