Dear All,
I just wanna enquire about a Gratuity case ,
An employee who have worked(continuous) with the company in Maharashtra for 4 yrs 8 months 10 days, would be eligible for Payment of Gratuity or not.
Your valuable comments pls.
Thanks.
Ritesh Ambade
HR Professional
M- 9823319007
From Korea
1I just wanna enquire about a Gratuity case ,
An employee who have worked(continuous) with the company in Maharashtra for 4 yrs 8 months 10 days, would be eligible for Payment of Gratuity or not.
Your valuable comments pls.
Thanks.
Ritesh Ambade
HR Professional
M- 9823319007
From Korea
Ritesh,
The said employee has completed 4 yrs + 254 days. So he is eligible for gratuity in full as applicable to one who had completed 5 yrs. This concession is only for those who completed 4 yrs and running in to 5th.
Always employers in Maharashtra talk some rules which are totally unheard of in the rest of India. Their CL/SL/EL/Gratuity/Leave encashment calculations are totally confusing.
Regards,
Chandru
From India, Madras
The said employee has completed 4 yrs + 254 days. So he is eligible for gratuity in full as applicable to one who had completed 5 yrs. This concession is only for those who completed 4 yrs and running in to 5th.
Always employers in Maharashtra talk some rules which are totally unheard of in the rest of India. Their CL/SL/EL/Gratuity/Leave encashment calculations are totally confusing.
Regards,
Chandru
From India, Madras
Dear Mr. Chandrasekar,
Thank you for your immediate reply.
Further to this case, Employee has given Reference of Madras High court judgment to the Employer.
On this, employer said that ,“ The Judgment of Hon'ble High Court, Madras in the referred case was in different context , which is not applicable in this case . Section 4 of the Payment of Gratuity Act unambiguously provides that Gratuity is payable only after Completion of five years continuous service.”
I want to know more about this, because current employer of the employee is Refusing to Pay Gratuity.
Is there any other judgment given by supreme /High court on related to said matter. Pls suggest, how said employee can receive his Gratuity Payment from the employer.
Your valuable suggestion / opinion will be highly appreciated.
Thanks
Ritesh Ambade
M- 9823319007
From Korea
Thank you for your immediate reply.
Further to this case, Employee has given Reference of Madras High court judgment to the Employer.
On this, employer said that ,“ The Judgment of Hon'ble High Court, Madras in the referred case was in different context , which is not applicable in this case . Section 4 of the Payment of Gratuity Act unambiguously provides that Gratuity is payable only after Completion of five years continuous service.”
I want to know more about this, because current employer of the employee is Refusing to Pay Gratuity.
Is there any other judgment given by supreme /High court on related to said matter. Pls suggest, how said employee can receive his Gratuity Payment from the employer.
Your valuable suggestion / opinion will be highly appreciated.
Thanks
Ritesh Ambade
M- 9823319007
From Korea
dear
madras high court given judgement in Metturbeardsell ltd vs regional labour commissioner madras stating that an employee having worked more than 240 days in fifth year will be eligible for gratuity.
dear it is question of intwerpretation ,what is continious service- if an employee has worked more than 240 days in a year means he has completed one year of continious service.
but u are correct generally employer donot pay before completion of five year.
tks
j s malik
From India, Delhi
madras high court given judgement in Metturbeardsell ltd vs regional labour commissioner madras stating that an employee having worked more than 240 days in fifth year will be eligible for gratuity.
dear it is question of intwerpretation ,what is continious service- if an employee has worked more than 240 days in a year means he has completed one year of continious service.
but u are correct generally employer donot pay before completion of five year.
tks
j s malik
From India, Delhi
Ritesh,
It is always a tough time fighting with management people who are based out of Mumbai. I even fired my company CEO and Advisor for not properly keeping the records and not making any process transparent. I was a booming thunder. Due to my compulsion, ESI was introduced six months ago.
Being a HR manager, I had to be a 'barking dog' always and kept them on their toes. Always my emails to them were very steaming hot and I was like a dictator but a HR manger is not supposed to be so. What to do? You cannot spare the rod and spoil the child. When they don't converse in english properly, I at times scolded the marathi/gujarathi directors. Hahah... a peculiar situation where a manager had to shout at the Directors.
The directors used to say, 'Aray bhai, PF/ESI are for chota people; why do we need that in our company? Yeh process poora poora waste hai.. Ek dhum ko panch sow increment dhena... buss'. I don't if I have typed the words properly.
For everything, I had to fight for the 200 employees in Chennai and get things done. Rules and regulations framed are for the rest of India and not for them.
Being a marathi, you can have a better hold than a Madrasi. See to that you solve the problems with your erring employer.
Regards
Chandru
From India, Madras
It is always a tough time fighting with management people who are based out of Mumbai. I even fired my company CEO and Advisor for not properly keeping the records and not making any process transparent. I was a booming thunder. Due to my compulsion, ESI was introduced six months ago.
Being a HR manager, I had to be a 'barking dog' always and kept them on their toes. Always my emails to them were very steaming hot and I was like a dictator but a HR manger is not supposed to be so. What to do? You cannot spare the rod and spoil the child. When they don't converse in english properly, I at times scolded the marathi/gujarathi directors. Hahah... a peculiar situation where a manager had to shout at the Directors.
The directors used to say, 'Aray bhai, PF/ESI are for chota people; why do we need that in our company? Yeh process poora poora waste hai.. Ek dhum ko panch sow increment dhena... buss'. I don't if I have typed the words properly.
For everything, I had to fight for the 200 employees in Chennai and get things done. Rules and regulations framed are for the rest of India and not for them.
Being a marathi, you can have a better hold than a Madrasi. See to that you solve the problems with your erring employer.
Regards
Chandru
From India, Madras
Dear Ritesh,
For gratuity purpose, any completion of months above six months is rounded to next. So completion of 4.5 yrs is taken as 5 yrs and benefit paid for 5yrs. If it is 5.5 yrs you can round it to 6yrs.
For those fulfiling 5.5 yrs they can pay the actual 5.5 or 6. Once again, it all depends with the employer's perspective and we cannot force them. Good as long as the amount is paid to the employee.
Regards,
Chandru
From India, Madras
For gratuity purpose, any completion of months above six months is rounded to next. So completion of 4.5 yrs is taken as 5 yrs and benefit paid for 5yrs. If it is 5.5 yrs you can round it to 6yrs.
For those fulfiling 5.5 yrs they can pay the actual 5.5 or 6. Once again, it all depends with the employer's perspective and we cannot force them. Good as long as the amount is paid to the employee.
Regards,
Chandru
From India, Madras
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc