Karthikeyan (manager) 10 December 2014

Gratuity Eligibility

Refer my prior submission on gratuity eligibility.. Now I submitted form N with Labour Commissioner, assuming I am eligible.. They took my application and now they need the details of Managing Director to send notice. Currently I do not know who it is and when checked with HR they are not responding to my mail. I checked on internet for the details but no luck How to proceed further..

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5 Replies

Kumar Doab (FIN) 13 December 2014

It is not necessary to mention name....Designation is sufficient.

Karthikeyan (manager) 14 December 2014

Thank you... But the commissioner is not ready to a accept.. And also says my tenure of 4 years and 216 days in a 5 days a week is not sufficent to consider for gratuity..

Karthikeyan (manager) 14 December 2014

Thank you... But the commissioner is not ready to a accept.. And also says my tenure of 4 years and 216 days in a 5 days a week is not sufficent to consider for gratuity..

Kumar Doab (FIN) 15 December 2014

If the establishment works for less than 6days/weeks ....I.e. 5days/week then it is 190 days ,as per Payment of Gratuity Act... This has been discussed in another thread... If you are unable to handle on your own entrust it to your lawyer...

Jai Karan Nagwan (consultant) 19 December 2014

To be eligible for gratuity, you should be serving 4 years 240 days. I don't think you are eligible, But if your services are terminated / discharged to avoid gratuity, claim through commissioner, as you already did. You tell commissioner that employer must have filed notice of opening with commissioner. Details of that can be checked in labour office only.