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Lokesh   24 March 2020

Gratuity payment

Dear Sir/Madam I need your advise and consultation regarding my gratuity issue. As per my company HR the calculation is as below. DOJ 17/09/2014 DOR 13/03/2020 Total Service 5.5 Calculation Purpose 5 Yrs According to me it is 5 year 5 month 26 days. I believe it will be 5.6 and 6 years. As per gratuity act 26 days will be considered as 1 month so it will be 5.6 :)...?? if its 30 days, I will loose money just by miss of 5 days. Can you please clarify. BRs, Lokesh


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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     25 March 2020

You have repeated the question here even though you had posted the same question earlier in the same forum under this section as well as experts section.

Your same question has been thoroughly discussed and have been opined properly.

In fact your services for gratuity will be counted only as 5 years and not six years, this fact was clearly explained to you with illustrations.

What is your anxiety to repeat the same despite having got proper information.

 

Dr J C Vashista (Advocate)     27 March 2020

Eligibility for gratuity is 5 years as already explained and obliged by experts.

Repeating same story do not change the status of response, however, it is ridiculous and absurd .

If you are dissatified with obligation (FREE OF COST) of experts on this platform it is advisable to consult a local prudent lawyer for appreciation of facts/documents, professional guidance and necessary proceeding

Lokesh   27 March 2020

Dear Sir,

I have post it at 2 places by mistake which i aknowledge. 

I believe its not ridiculous or absurd to have fair discussion where expert have different opinion for a very unique case. 

if you dont want to answer please ignore as its open forum. Also i have already consulted local lawyer to support it further. 

I thanks you all for your support again.

Happy working..!!

BRs,

Lokesh

 

Lokesh   27 March 2020

Sorry sir but i feel the comments are getting bit personal and not professional. As i realise the post is duplicated and posted by mistake, so i didnt reply. I am constatnly replying on other post. 

I dont want to waste any of your valuable time and neither my money but looking at the the advise from expert in forum i have consulted the local lawyer.

Just to you question, i have resigned on my own and served the notice period but i was not much aware of gratuity rules otherwise i would have taken precaution.

Appreciate your support and help.

 

Ritesh Maity (Labour Law Advocate)     19 April 2020

Originally posted by : Lokesh
Dear Sir/Madam



I need your advise and consultation regarding my gratuity issue.

As per my company HR the calculation is as below.



DOJ

17/09/2014

DOR

13/03/2020

Total Service

5.5

Calculation Purpose

5 Yrs




According to me it is 5 year 5 month 26 days. I believe it will be 5.6 and 6 years.

As per gratuity act 26 days will be considered as 1 month so it will be 5.6 :)...??

if its 30 days, I will loose money just by miss of 5 days.

Can you please clarify.

BRs,
Lokesh

Since you have worked for 5 years 5 months and 26 day, you need to consider only 5 years for the purpose of calculation.

Gratuity can be calcutated on the following basis:

Total Wages (Basic + DA) /26 days x 15 x 5 years.

hope this solves your query.


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