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gratuity eligibility


I have spent 56 months and 23 days in an organization hence I am eligible for gratuity as per gratuity act 1972 under section 2A 2(ii) where my organization follows 5 days work in a week.

But I am facing trouble to get the gratuity amount as my company's HR Compliance Lead said me that I have worked for 6 days in a week in my last year.
where as this six days works in a week is a requirement of project owned by my organization.

what should I do? please help ..
 
Reply   
 

Hello Om Prakash,

Thank you for your concern!

I am an ex-employee of HCL Services Ltd which is currently known as Karvy Innotech Ltd.
we didn't get any extra allowance or compulsory off against the extra day work.

please help.
 
Reply   
 



Hello Om Prakash,

Thanks for your reply!

Yes you are correct.Its HCL Services Ltd a subsidiary of HCL Info system Ltd earlier and currently known as karvy Innotech Ltd.

My question is only on gratuity, and I left my post on 30th April 2019.I can share my mail chain with you if you want.

Thank you.
waiting for your reply.
 
Reply   
 

Hello Om Prakash,

Thanks for your reply!

Yes you are correct.Its HCL Services Ltd a subsidiary of HCL Info system Ltd earlier and currently known as karvy Innotech Ltd.

My question is only on gratuity, and I left my post on 30th April 2019.I can share my mail chain with you if you want.

Thank you.
waiting for your reply.
 
Reply   
 

Thanks for your reply.

I am attaching the mail chain below.

Dear Raumyajit ,  

 

Your submission  was  on the  period of eligibility of Gratuity  including no. of days worked by an employee as per Gratuity rule.

 

Obviously,  it is paid by the direct employer as per rule but based on the actual no. of  working days by the employee to become eligible of Gratuity.

 

Hope, this is  clear now.

 

Regards,

 

Har Vimal

 

 

 

 

 


Subject: Re: NO-Dues Clearance not completed


Hi Har Vimal,

Could you please explain from 7 th August 2014 to 30 th April 2019 between of this time span who is my employer then?

Regards,

Raumyajit shaw

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Subject: RE: NO-Dues Clearance not completed


Dear Raumyajit,

 

I would suggest to read  Section 2-A Sub section 2 (b) (i) & (ii) of the payment of Wages Act, 1972 with  Explanations which is clearly stated that  

“ for the purposed of clause (2) , the number of days on which an employee actually worked under an employer “

 

Hope, the above clause of Act will clearly your query. .

 

Regards,

Har Vimal

   

 

 


Subject: Re: NO-Dues Clearance not completed


Hello Har Vimal,

 

Good Afternoon.

 

I have a query regarding your point i.e. is there any company policy where it is mentioned that if an employee works in office and work for five days in a week is eligible for Gratuity payment under Gratuity Act 1972 under section 2A (sub section 2 (ii) )and an employee works in client side on behalf of organization and works for six days in a week as per client requirement then he is not eligible under section 2A (sub section 2 (ii) ) ??

 

Could you please explain the two different rules for a single Gratuity Act 1972 under a same organization.

 

 

Thanks & Regards,

 

Raumyajit Shaw

Voice- +91-7044113648

 


Subject: Re: NO-Dues Clearance not completed


Hello Har Vimal,

Thanks for your update, I will be right back soon.

Thanks & Regards

Raumyajit Shaw

Voice- +91-7044113648

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Subject: RE: NO-Dues Clearance not completed


Dear Mr. Rumyajit,  

 

 

Please refer Section 4 (sub section 1) of Payment of Gratuity Act, 1972 therein , it is clearly mentioned that “ Gratuity shall be payable to an employees after he/ she  has rendered continuous services for not less than 5 Years”.

 

On you concern about on eligibility of completion of years, please note that

 

1.       There is no change / amendment in the Act under section 4(1), in accordance to court order as referred by you.  

 

2.       your DOJ in the establishment is  07/08/2014 and your 4  years become completed on 06/08/2018. In the 5th running year you were deployed at the client site therein 6 days of working was observed. Therefore, your submission on calculation of  number of days towards eligibility of payment of gratuity is  also not applies .   

 

On the basis of above facts and records available with us , it is clear that you are not eligible for Gratuity as per the  Payment of Gratuity Act, 1972 .

 

Regards

Har Vimal

Lead – HR Compliance

 

 

Subject: RE: NO-Dues Clearance not completed


Dear Harvimal Sir,

 

Pls update

 

 


Subject: Re: NO-Dues Clearance not completed


Hello Alok,

Are you guys kidding with me! Or my demands are wrong to your organization??

You guys didn't make one FNF on time, only there is a new date with a new guy who has no common HR knowledge.

It has been 2 months and 12 days means 53 working days you have already taken to just calculate one FNF and still now it is pending!!

It's allready compliance the Off-Boarding policies you guys say to me for following.

I need a clear statement that by coming Monday 15th July 2019 my FNF reimbursement will be completed.

For your reference,

"Judgment from Supreme Court:

"Yes, by virtue of the judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity."

Quotation from the book:

Law Book (Bare Act,2004) i.e. The Payment of Gratuity Act,1972 (Publisher: Law Publishers () Pvt.Ltd. 18A-S.P.Marg,Post Box-1077,Allahabad-211 001. Phone:623735,623741 Fax-0532-622276.website: lawpublishersindia.com

1. 4 years and 6 months (190 days = 1 year) where the company follows 5 day a week.

2. 4 years and 8 months ( 240 days = 1 year) where the company follows 5 day a week.

Is eligible for gratuity.The payment of gratuity ( second amendment) act, 1984 clarifies this. One needs to calculate the no of years and service completion as follows.

A company which follows 5 day week

Doj 1.05.2000 -

01.05.2000 to 30.04.2001 - worked for 190 days

01.05.2001 to 30.04.2002 - worked for 190days

If we go by the above formula and if the person does not have any break in service he will be eligible for gratuity on 01.11.2004 "

Regards,

Raumyajit Shaw

Voice- +91-7044113648

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Subject: Re: NO-Dues Clearance not completed

 

I believe as per government rules an employee is eligible for gratuity after successfully completed his/her 4 years and 240 working days in his running 5 year journey.

Are your organization following this or is there any change in gratuity act please let me know with data.

Thank you.

Regards,

Raumyajit

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Subject: RE: NO-Dues Clearance not completed

 

Dear,

Gratuity will be paid after completed in Five year.

 

 

Thanks & Regards

 

Virendra Rawat

Human Resource

 

Subject: Re: NO-Dues Clearance not completed

 

Hello Virendra,

What about my gratuity then!

Regards

Raumyajit Shaw

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