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Gratuity eligibility - 5 years or 4 years 240 days

Page no : 2

Sudhir   01 February 2016

Hi Sir,

My joining date : 12-Sept-2011

Leaving     date : 19-Mar-2016

Completed Year:   4 Yrs 6 Months

Working hours   :    8.5 per day

Working days    :   5 days in a week

Please help me to understand my eligibility for Gratuity..

Thanks in Advance.

SSI

Kumar Doab (FIN)     02 February 2016

Work hours 8.5/day=42.5/week and is <48/week hence OT is not applicable.

Gratuity;Sec2A:If employee has worked for 190days/year or 4Y190D.

Thus you are not eligible.

However employer can still pay by its sweet will as ennshrined in the Act.

Pragnya   27 September 2016

Hi sir,

Joining date    :  16 Aug 2011
Release date    :  29 Apr 2016
Completed Year  :  4 Yrs 8 Months 13 days
Working hours   :  8 hrs per day
Working days    :  5 days in a week

This is an IT company and I have not been on LOP anyday, not discontinued work.

I read that Sudhir is not eligible for gratuity due <48 hrs of work.
But Discography got. I am but not sure about his work hours. Both have 5 working days.
So don't know what will be in my case ? AmI not eligible ? 

Does section 2A speaks about the working hours also ? I did not find.
Please guide if I am eligible to claim it. I shall proceed if I can be sure..

thanks..

Kumar Doab (FIN)     27 September 2016

@ Pragnya,

Go thru the query of Sudhir and reply to Sudhir, again, slowly and carefully.

You are eligible.

Write to the employer, under proper acknowledgment, that 'Notice of Determination of Gratuity' and payment has not been supplied to you till date.You may add that NO form etc was also demanded from you.

You may add that FormI is attached.

 

 

 

discography (none)     27 September 2016

Thanks Kumar Sir, for patiently answering to the queries, My previous organization paid the Gratuity because of that clause. 4 years and 240 days.  (these 240 days included leaves and week off in my case). People will have to escalate the matter within the organization and make some noise to get attention. Warm regards

ARUN KUMAR VERMA   09 May 2017

Hello Guys, 

Any of you got gratiuty after complition of 4 years 240 days. please reply me to claim my pending gratiuty from my old company. I have complited 4 years 270 days with 6 working days & they have denied to pay the gratiuty to me. 

 

please confirm. 

regards

Arun Verma

ARUN KUMAR VERMA   09 May 2017

Dear Kumar, 

I have worked with a company for 4 years 270 days six days week and they denied to pay the gratiuty. joining date 25th march 2011 worked till 14th jan 2016. 

please confirm me if i can send form I to them. 

 

regards

Arun Verma

9891516295

ARUN KUMAR VERMA   09 May 2017

Dear Sir, 

I worked for 4 years 270 days. six day working. HR has denied to confirm my gratuity & told me not eligible for gratuity. 

date of joining - 25-03-2011

date of leaving - 14 -01-2016

Please confirm me the next action to get my gratuity. 

regards

Arun Verma

Kumar Doab (FIN)     09 May 2017

Originally posted by : ARUN KUMAR VERMA
Hello Guys, 

Any of you got gratiuty after complition of 4 years 240 days. please reply me to claim my pending gratiuty from my old company. I have complited 4 years 270 days with 6 working days & they have denied to pay the gratiuty to me. 

 

please confirm. 

regards

Arun Verma

 

@ Arun Kumar Verma,

The querist that initiated query @ Discography has succeeded to get payment of Gartuity+interest@10%pa for the delayed period.

Go thru the thread from begining.

 

 

Kumar Doab (FIN)     09 May 2017

Has the establishment declined to pay in writing?

Have you submited FormI?

 

Kumar Doab (FIN)     09 May 2017

You may submit written communication under proper acknowledgment and mention that the 'Notice of Determination of Gratuity', payment of Gratuity has not been supplied to you despite your reprsentations in office/in person etc on dated......................to Mr/Ms..............and may be supplied to you and FormI is attached.

Prefer Redg. post and obtain tracking report from Indiapost.

Subsequently send scanned copies also, from personal email.

Kumar Doab (FIN)     09 May 2017

There are many threads on Gratuity at :  

 

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.VKAD8oBYA  

 

e.g.:     https://www.lawyersclubindia.com/forum/details.asp?mod_id=111887&offset=1  

 

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp

 that you may go thru.

 

Are you a member of employee's/trade unions?

Gopal   11 October 2017

Hi,

 
       I am working as a software engineer in Pvt organization,
 
Query:
 
I am eligible for the Gratuity if I resign and leave the office today(Last working day).
 
 
       Here are  my details:
 
      Joining Date:29-12-2012
 
      Last working Day: Today (11-10-2017)
 
      No of days: 5 working days in a week.(Sat and Sunday holiday)
    
     Work Location: Tamilnadu
 
Waiting for you valuable reply ☺

Kumar Doab (FIN)     23 December 2017

Generically speaking; it is 04Y09M12D

Write under proper acknowledgment to establishment that ‘Notice of determination of Gratuity’, payment and any forms etc has not been supplied to you and be supplied to you immediately by Redg. Post from post office.

If required later, you may send FormI to Authority.

vijayaraj   26 April 2019

Dear sir, 
 
I have worked in one private MNC company 4 years 8 months 15 days exactly, I am eligible for gratuity?.
 
Please clear my doubt.Because if I asked to that company they say 5 years need to complete.
If any law or Judgement is there means they are asking me to submit.
 
So please advise me further.

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