Dear Friends...
Need your help in this regard...
I am working in a IT Company from last 6.5 years. In these years i have taken a maternity leave of 8 months. In this 8 months 3 months was paid leaves i.e maternity benefit and rest 5 months was an approved leave.
Now my HR is telling that i am not eligible for Gratuity as per the policy.
I have some confusion in this regard.
Please confirm me whether i am eligible for Gratuity benefit or not.
Pleeeeeeeeeeese help me.
Warm regards,
Usha.H
From India, Bangalore
Need your help in this regard...
I am working in a IT Company from last 6.5 years. In these years i have taken a maternity leave of 8 months. In this 8 months 3 months was paid leaves i.e maternity benefit and rest 5 months was an approved leave.
Now my HR is telling that i am not eligible for Gratuity as per the policy.
I have some confusion in this regard.
Please confirm me whether i am eligible for Gratuity benefit or not.
Pleeeeeeeeeeese help me.
Warm regards,
Usha.H
From India, Bangalore
Yes ur aligible for gratuity...... for gratuty is applicable who are alll complited five years Thanks & Regards Raghavendra HR Executive ITC furtune hotels
From India, Bangalore
From India, Bangalore
Dear Usha,
You are 100% entitled for gratuity as per payment of gratuity act 1972 that specifies an employee should have completed 5 years for entitlement. Even, if your service is more than 6.5 years, you will be paid 7 years gratuity or if it is less than 6.5 years, you will be paid 6 years gratuity. You can also refer payment of gratuity act 1972 bare act.
Regards,
Baba Naresh
From India, Delhi
7You are 100% entitled for gratuity as per payment of gratuity act 1972 that specifies an employee should have completed 5 years for entitlement. Even, if your service is more than 6.5 years, you will be paid 7 years gratuity or if it is less than 6.5 years, you will be paid 6 years gratuity. You can also refer payment of gratuity act 1972 bare act.
Regards,
Baba Naresh
From India, Delhi
Hi Ushajk75
You are 100% eligible for gratuity. And as rightly mentioned by Mr B Naresh the entitlement will be for 7 years of service.
Though the Act provides for 5 years of continuous service for entitlement to gratuity , the Madras High Court in a decision had held that if some one works for 4 years and 240 days in the fifth year , he becomes entitled for gratuity.
You may speak to your HR accordingly. In case of refusal to pay first serve them a notice and in case of no payment , make an application to the designated authority.
Best
Jai
From India
You are 100% eligible for gratuity. And as rightly mentioned by Mr B Naresh the entitlement will be for 7 years of service.
Though the Act provides for 5 years of continuous service for entitlement to gratuity , the Madras High Court in a decision had held that if some one works for 4 years and 240 days in the fifth year , he becomes entitled for gratuity.
You may speak to your HR accordingly. In case of refusal to pay first serve them a notice and in case of no payment , make an application to the designated authority.
Best
Jai
From India
Also note that period of leave of absence on account of legitimate reasons like maternity, accidents etc shall not be taken into consideration while computing the 5 years continuous service.
But employer is justified in proportionately reducing the gratuity payable to the extend of the authorised period of absence .
Dr Sureshkumar
From India, Mumbai
But employer is justified in proportionately reducing the gratuity payable to the extend of the authorised period of absence .
Dr Sureshkumar
From India, Mumbai
Dear See Sec 2 A of the Gratuity Act. Upto 12 weeks of maternity leave per child is included in the period of continous service. With Regards E-mail : rajanassociates@eth.net Mobile : 9025792684
From India, Bangalore
From India, Bangalore
Hi Suresh,
Your salary has nothing to do with PF? If the company employees more than 10 people the company should register himself for PF AND all employees are eligible for pf.. as per law 12% should be deducted from your basic salary towards pf and 12% of basic should be contributed by employer..
Regards,
Tanu
From India, Delhi
Your salary has nothing to do with PF? If the company employees more than 10 people the company should register himself for PF AND all employees are eligible for pf.. as per law 12% should be deducted from your basic salary towards pf and 12% of basic should be contributed by employer..
Regards,
Tanu
From India, Delhi
Dear Ushaji,
You have posted your query of elegibility of Gratuity.
As per section 2a of Gratuity act, you are elegible for maternity leave which will be included in the Service. Further recently Madras High court given a judgement that an employee, if he/she has worked for4 years & 240 days in the 5th year is eligible for gratuity.
I am forwarding the Madras Highcourt judgement in the PDF attachment file with this mail.
Further you can lodge your simple petition with the Regional Labour Commissioner of your area.
Regards.
Ravi.V - 9769987407
From India, Mumbai
You have posted your query of elegibility of Gratuity.
As per section 2a of Gratuity act, you are elegible for maternity leave which will be included in the Service. Further recently Madras High court given a judgement that an employee, if he/she has worked for4 years & 240 days in the 5th year is eligible for gratuity.
I am forwarding the Madras Highcourt judgement in the PDF attachment file with this mail.
Further you can lodge your simple petition with the Regional Labour Commissioner of your area.
Regards.
Ravi.V - 9769987407
From India, Mumbai
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx