Sasikala V (HR Executive) 25 June 2011

Gratuity

Dear Sir,

I joineda private limited company in Mar 06. Was on leave from Sep18th 2007 to Apr 2008 since i had a open heart surgery and was on LOP for the moths of Dec 2007, Jan 2008-Apr 2008.

I am now in LOP (Apr 18th to till date) after my maternity leave (Jan 17th to Apr 17th 2011).But my company has not paid my maternity salary and benefits yet, but have said that they will clear it in next week.

Planning to resign from July 17th since there is no body to take care of the child.

Will i be eligible for Gratuity?

Expecting you advice.

Regards

Sasikala R V

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3 Replies

Isaac Gabriel (Advocate) 25 June 2011

Your are eligible for gratuity.

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(Guest)

You are eligible, provided leave was duly sanctioned and not treated as absence.

sudalaimuthu, (Advocate and Tax Consultant sudalaipearls@rediffmail.com) 26 July 2011

According to payment of gratuity act, any person having completed an five year service, eligible for an gratuity adopting a formula calculated based on the last drawn salary.