Mayank Khandelwal 29 August 2016

Gratuity eligibility

Employee has joined organization on 7th February, 2012 Notice period in organization – 3 months No. of days working – 5 days a week + 2nd Saturday of the month working He put his resignation email/paper on 4th July,2016 so accordingly his last day would be 4th October,2016 But he had to leave early so his last day now is 7th September,2016. Employee is now paying notice pay recovery for the differential days So will gratuity be applicable to him as he has completed approx. 4 years and 212 days (approx.) in the organization. Request you to share your inputs on the same

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2 Replies

adv.bharat @ PUNE (Lawyer) 29 August 2016

Yes gratuity is applicable since employee had already completed no of days.

If u like my suggesation then give THANK on my LCI profile.

Kumar Doab (FIN) 29 August 2016

1. It is clear that you want to plead : establishment works for Less than 6days/week.

2. It is clear that employer shall claim : establishment does not works for Less than 6days/week.

Dispute may precipitate.

Decision in your favor can be either by your own skills, or by employer's sweet will or if possible by intervention of unions, your own counsel specializing in labor/service matter , or thru Controlling Authorty, Courts of law.

If possible; work for 240 days in 5th year.

Or press and make next employer agree in writing to buy out your notice period/pay amd loss of Gratuity and pay it on DOJ without any conditions.

Rest it is your call.