Upgrad LLM

gratuity


Hello Sir, I have joined a Private MNC named Johnson Controls on 11 September 2013 and my last working day will be 27 February 2018. Will I be eligible for Gratuity amount. Please give reply. Thank you !
 
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Advocate

According to Payment of Gratuity Act, 1972, 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.

(2) For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages based on the rate of wages last drawn by the employee concerned:

In your case, you have not completed 5 years of service as on 27.2.2018.  You would be completing only 4 years and 5 months.  Therefore, you are not eligible for gratuity.

 
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Thank you so much sir for your reply.

I understand the Gratuity act and the clause but is it possible that since I am resigning due to some personal reason, they can consider it and give some percentage of amount. Means for ex if my Gratuity amount is 50,000 after 5 years of service, they can give atleast 20,000 or the best possible amount.

Please reply.

Thank you !

Warm Regards,

Swarup Ramteke

 
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Retired employee.

The law was explained to you.  The charity depends on your employer on your contribution during your services but law can not give you such right to demand gratuity.  Your duty ends by making a formal request letter quoting your contribution to the company.

 
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advocate/counsel supreme court

no statute is labor friendly is obvious fact, more so today in BJP government.u can move under Art 14 r/w 226 for judicial review of the very gratuity act. tks

 
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Retired employee.

Every one wants a law favourable to them, no one to shed a tear for employer, who is entreprenur , who selects, trains persons, and those birds fly after getting wings and blame the master for training by paying salary.

At the same time employers want hire and fire policy like in US.

Now after enactment after decades, some one wants to bring amendments to the time tested acts.

The meaning of Gratuity is interpreted in his own style by Indians.

 
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advocate/counsel supreme court

fact is employee is after all an employee he is not a great entreprenuer ; he as enterprenuer invests reaps all kinds of profits and depreciation what employee gets just some salary only. 

 
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Retired employee.

Then why every employee can not become entreprenur ?

This is how we treat entreprenurs having our own perceptions, as though there is shortage of employees in the Country.

 
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advocate/counsel supreme court

good, if every employee becomes enterprenuer naturally entreprenuership will just cannot get any workers of any kind that way one needs to know every thing is some divison of labor sir

 
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Consultant

Not eligible, as per the Payment of Gratuity Act.

 

 
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