Gratuity eligible

@ Johan,

You have posted that:

"Sir, Please find the response from my Employee. Leaves are considered for the whole tenure in XXX. Post considering the leaves you have served only 4 years and 182 working days hence you are not eligible for the gratuity amount. DOJ - 2Jul2007 and LWD - 30Mar2012. Any suggestions?"

You have worked for:

4Y08M28D.

Submit FormI under proper acknowledgment.

I am not sure of the which state the co. is refering here. Company is an one of IT major starts with "W".

Please clarify Sir.

You have not replied to:

Have you submitted FormI, under proper acknowledgment?  

Which state Act?

If employer/establishment has stated in writing; ”Gratuity payment is statutory payment which is as per the State Act.” ……………………….Then it has to state in writing: Which state Act?  You have to ask about it in writing.

Your office; where you were located/Redg. Office of the company/Corporate office is located in which state?

Do you have copy of Gratuity Rules of the company?

The IT companies are covered by Shops & Estbs Act of the state?

The Payment of Gratuity Act, 1972 should apply!

You were actually employed during this period.

Actually employed should mean actually worked.

In addition to threads mentioned previously you may also go thru:

https://www.lawyersclubindia.com/forum/Gratuity-eligibility-confusion-with-working-days-103462.asp

Off days, Public holidays is not cessation of work due to any fault of the employee concerned.

As part of the management of an establishment, the employer himself either in compliance with the Standing Orders or a statutory duty imposed upon him, in relation to the establishment in which the employee concerned is rendering service has to observe certain number of days as public holidays and Sundays. The Establishment itself cannot work or even if it works, the same employees cannot be employed on those days. In such cases the holidays are staggered and other employees are employed to do the work. For whatever reason it may be, the cessation of work by the individual cannot be termed as one due to any fault of the employee. Hence cessation of work of the respondent employees on Sunday and other Public Holidays during a year satisfied the inclusive definition of "continuous service". 

it is "W" IT co. may be Maharastra(Mumbai0.

May be is not sure reply.

Some work is to be done by you.

Go thru:

THE GRATUITY ACT, 1972

The Payment of Gratuity (Maharashtra) Rules, 1972.

https://esipf.com/labour-law/The%20Gratuity%20Act.pdf

https://www.sgcservices.com/PDFFiles/FAQS-About%20Gratuity.pdf

You have not replied to: Have you submitted FormI, under proper acknowledgment?  

Which state Act?

Have you submitted FormI, under proper acknowledgment?   Which state Act?
how to submit the forml? State may be Maharastra.
 

FormI is attached in all links already provided to you, in this thread.

Go thru thse carefully.

Submit by Redg. post.

Downlaod POD/Tracking report from Indiapost website.

Send scanned copy of FormI,Reciept of Redg. post,Tracking report from Indiapost website to employer ( appointing Authority/MD/CEO and/or Head-HR or anyone that is designasted official for Gratuity.)

If you are finding any difficulty take help of elders of your family, competent and experienced well wishers,IT/ITeS emloyees union leaders/Trade union leaders, counsel specializing in Labor/service matters...