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GRATUITY PAYABLE FOR BELOW 5 YEARS

Page no : 2

Prashant (Manager)     03 November 2011

Dear Mr. Pal,

With the same logic, eligibility for a Gratuity should be 4 years and 190 days for organisations working less than 6 days a week as per Sec 2A -  2ai reproduced below

 

Section: 2A
Continuous service.

For the purposes of this Act, -

(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order [***] treating the absence as break in service has been passed in accordance with the standing order, rules or regulations governing the employees of the establishment), lay off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act.

(2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer -

(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than -

(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and

(ii) two hundred and forty days, in any other case;

 

What is the view of our learned friends?

 

Regards

Prashant

Ana (exec)     12 December 2012

Hi,

 

I joined an IT company on 16-Aug-2007 and quit on 16-Apr-2012. Earlier they said the eligibility for gratuity is 4 years and 240 days for which I am eligible but now they say it is 4 years and 190 working days.

I have 5 days working. Can u pls clarify if I am eligible for gratuity

Raja (SSE)     01 April 2013

I had worked in a software company for 4 years and 9 months, When I approached company for Gratuity, they rejected saying "Need to complete 5 years". Company works 5 days a week(MON-FRI).

 

Am I eligilbe ? If so how to proceed ?

As per act will my company fall under 240 days slab or 190 days slab?

Raja.

Shyam (None)     31 July 2013

Dear All,

I joined a software organisation in Noida on 03rd of Sept. 2008, and left it on 29th April 2013. It is total sum of 4 Yrs and 238 Days. However, in your forum it is stated that for 5 Working Days a week, the gratuity clause gives flexibility of 190 Days.

I am confused now. also I actually joined this organisation in March 2008, as a trainee and confirmed on 3rd Sep 2008. So does this matter at all?? To rephrase my question: Am I eligible for gratuity, working at noida (uttar pradesh) from the following date till the given date:

Date of Joining - 03-Sep - 2008

Date of Leaving - 29th Apr 2013

(5 Days a week working - and served 6 months as trainee from 3 march-2sep 2008 in the same organisation).

Any help will be highly appreciated. Also, I haven't received my Full and Final Settlement spending 3 months after resign. What should i do? I

Prien   08 November 2015

As an employer/company, can we pay gratuity amount due to any employee even before he finishes 5 years or terminates his services to the company. If the company wishes the pass on the benefits in current instead of future. Can this be done. Please reply. Thank you

Prien   08 November 2015

As an employer/company, can we pay gratuity amount due to any employee even before he finishes 5 years or terminates his services to the company. If the company wishes the pass on the benefits in current instead of future. Can this be done. Please reply. Thank you

Prien   08 November 2015

As an employer/company, can we pay gratuity amount due to any employee even before he finishes 5 years or terminates his services to the company. If the company wishes the pass on the benefits in current instead of future. Can this be done. Please reply. Thank you

Biju   21 January 2016

Hi Sir,

I have completed 4 years 10 months 15 days (just 45 days behnind 5years). The company is rejecting my request for Gratuity. Is there any way there I can legally fight. I belongs to Bangalore Judiciary. My Last working day is 31st March 2016. Kindly advice me on this

Regards,

Biju 


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