A worker who has completed 3 years continuous services, has been issued notice of retrenchment. I would like to know whether he is eligible to get gratuity at the time of retrenchment?
From India, Madras
From India, Madras
2
Dear Mr.Saleth He is not entitled to get gratutity as he had not put in five years of continuous service
From India, Madras
From India, Madras
Hi, In my opinion and also, as per the law, Gratuity is eligible only for an employee those who have completed 5 years exactly in his service period is considered as a Gratuity.
From India, Calcutta
From India, Calcutta
Gratuity is payable only if the employee has put in a min. of 5 years of continuous service with the same organization. For the same, the employer gets the form F filled up after the employee completes 1 year in the organization. The amount is 15 days average pay for every year he has worked.
Now, coming back to your question, if the worker who has completed 3 years of continuous services is issued the notice of retrenchment, then he is entitled to retrenchment compensation. As per the Sec. 25F of the Industrial Disputes Act, 1947 (Conditions precedent to retrenchment of workmen), the workman has to be paid, at the time of retrenchment, compensation which has to be equivalent to 15 days average pay (for every completed year of continuous services) or any part thereof in excess of 6 months.
From India, Mumbai
Now, coming back to your question, if the worker who has completed 3 years of continuous services is issued the notice of retrenchment, then he is entitled to retrenchment compensation. As per the Sec. 25F of the Industrial Disputes Act, 1947 (Conditions precedent to retrenchment of workmen), the workman has to be paid, at the time of retrenchment, compensation which has to be equivalent to 15 days average pay (for every completed year of continuous services) or any part thereof in excess of 6 months.
From India, Mumbai
Aperson Who has compled 5 years continuous service in their organisation, These indivedual eligible to get Gratuity as per payment of Gratuity Act 1972 under section 4. incase of disbility or death of an emplopyee need not 5 years continuous service.
Gratuity Caluculation : Last drawn pay*15 days Average pay*No.of continuous service/26
Venu gopal
Asst.Project manager HR
DRDA
West Godavari
Andhra pradesh
From India, Bhimavaram
Gratuity Caluculation : Last drawn pay*15 days Average pay*No.of continuous service/26
Venu gopal
Asst.Project manager HR
DRDA
West Godavari
Andhra pradesh
From India, Bhimavaram
Dear Friend,
SEE THE BELOW BRIEF NOTE ON GRATUITY ACT.
PREAMBLE
The Act provides for the payment of gratuity to workers employed in every factory, shop & establishments or educational institution employing 10 or more persons on any day of the proceeding 12 months. A shop or establishment to which the Act has become applicable shall continue to be governed by the Act even if the number of persons employed falls bellow 10 at any subsequent stage.
All the employees irrespective of status or salary are entitled to the payment of gratuity on completion of 5 years of service. In case of death or disablement there is no minimum eligibility period. The amount of gratuity payable shall be at the rate of 15 days wages based on the rate of wages last drawn, for every completed year of service. The maximum amount of gratuity payable is RUPEES TEN LAKHS.
Formula is - Last Wages *15*No. of services/26
NOMINATION
Each employee is required to nominate one or more member of his family, as defined in the Act, who will receive the gratuity in the event of the death of the employee.
ADMINISTRATIVE MACHINERY
All the Assistant Labour Commissioners and Labour Officers in the Labour Department have been appointed Controlling Authority and all the Deputy Labour Commissioners have been appointed Appellate Authority under the Act.
RESPONSIBILITY OF THE EMPLOYERS
It is the duty of the employer to determine the amount of gratuity as soon as it becomes payable and to give notice of the same to the person to whom gratuity is payable and also to the Controlling Authority. The employer shall also provide to pay the amount of gratuity to the person to whom it is payable. Failure to do so shall render him liable to pay the interest at the prevailing rate from time taken.
In case the employee is not paid the due amount of gratuity he should apply, ordinarily within thirty days, in Form-I to the employer. Is an employer fails to pay due gratuity even after the receipt of notice in Form-1, the claimant employee or his nominee or legal heir, may within ninety days of the occurrence of the case for the application, should apply in Form-IV, to the Controlling Authority for issuing direction to the employer. After conducting the enquiry as prescribed, the Controlling Authority will determine the amount payable and direct the employer to make the payment. If the employer fails to comply with the direction the Controlling Authority can direct the Collector to recover the amount due and pay to the applicant.
Sec. 4. PAYMENT OF GRATUITY.—(1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,—
(a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease:
Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement:
1[Provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.]
Explanation.— For the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement.
(2) For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days’ wages based on the rate of wages last drawn by the employee concerned:
Provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account:
Provided further that in the case of 2[an employee who is employed in a seasonal establishment and who is not so employed throughout the year],
the employer shall pay the gratuity at the rate of seven days' wages for each season.
3[Explanation.—In the case of a monthly rated employee, the fifteen days' wages shall be calculated by dividing the monthly rate of wages last drawn by him by twenty- six and multiplying the quotient by fifteen.]
(3) The amount of gratuity payable to an employee shall not exceed 4[three lakhs and fifty thousand] rupees.
(4) For the purpose of computing the gratuity payable to an employee who is employed, after his disablement, on reduced wages, his wages for the period preceding his disablement shall be taken to be the wages received by him during that period, and his wages for the period subsequent to his disablement shall be taken to be the wages as so reduced.
(5) Nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer.
(6) Notwithstanding anything contained in sub-section (1),—
(a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer’ shall be forfeited to the extent of the damage or loss so caused;
(b) the gratuity payable to an employee 5[may be wholly or partially forfeited]—
(i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or
(ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.
Regards,
PBS KUMAR
From India, Kakinada
SEE THE BELOW BRIEF NOTE ON GRATUITY ACT.
PREAMBLE
The Act provides for the payment of gratuity to workers employed in every factory, shop & establishments or educational institution employing 10 or more persons on any day of the proceeding 12 months. A shop or establishment to which the Act has become applicable shall continue to be governed by the Act even if the number of persons employed falls bellow 10 at any subsequent stage.
All the employees irrespective of status or salary are entitled to the payment of gratuity on completion of 5 years of service. In case of death or disablement there is no minimum eligibility period. The amount of gratuity payable shall be at the rate of 15 days wages based on the rate of wages last drawn, for every completed year of service. The maximum amount of gratuity payable is RUPEES TEN LAKHS.
Formula is - Last Wages *15*No. of services/26
NOMINATION
Each employee is required to nominate one or more member of his family, as defined in the Act, who will receive the gratuity in the event of the death of the employee.
ADMINISTRATIVE MACHINERY
All the Assistant Labour Commissioners and Labour Officers in the Labour Department have been appointed Controlling Authority and all the Deputy Labour Commissioners have been appointed Appellate Authority under the Act.
RESPONSIBILITY OF THE EMPLOYERS
It is the duty of the employer to determine the amount of gratuity as soon as it becomes payable and to give notice of the same to the person to whom gratuity is payable and also to the Controlling Authority. The employer shall also provide to pay the amount of gratuity to the person to whom it is payable. Failure to do so shall render him liable to pay the interest at the prevailing rate from time taken.
In case the employee is not paid the due amount of gratuity he should apply, ordinarily within thirty days, in Form-I to the employer. Is an employer fails to pay due gratuity even after the receipt of notice in Form-1, the claimant employee or his nominee or legal heir, may within ninety days of the occurrence of the case for the application, should apply in Form-IV, to the Controlling Authority for issuing direction to the employer. After conducting the enquiry as prescribed, the Controlling Authority will determine the amount payable and direct the employer to make the payment. If the employer fails to comply with the direction the Controlling Authority can direct the Collector to recover the amount due and pay to the applicant.
Sec. 4. PAYMENT OF GRATUITY.—(1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,—
(a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease:
Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement:
1[Provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.]
Explanation.— For the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement.
(2) For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days’ wages based on the rate of wages last drawn by the employee concerned:
Provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account:
Provided further that in the case of 2[an employee who is employed in a seasonal establishment and who is not so employed throughout the year],
the employer shall pay the gratuity at the rate of seven days' wages for each season.
3[Explanation.—In the case of a monthly rated employee, the fifteen days' wages shall be calculated by dividing the monthly rate of wages last drawn by him by twenty- six and multiplying the quotient by fifteen.]
(3) The amount of gratuity payable to an employee shall not exceed 4[three lakhs and fifty thousand] rupees.
(4) For the purpose of computing the gratuity payable to an employee who is employed, after his disablement, on reduced wages, his wages for the period preceding his disablement shall be taken to be the wages received by him during that period, and his wages for the period subsequent to his disablement shall be taken to be the wages as so reduced.
(5) Nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer.
(6) Notwithstanding anything contained in sub-section (1),—
(a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer’ shall be forfeited to the extent of the damage or loss so caused;
(b) the gratuity payable to an employee 5[may be wholly or partially forfeited]—
(i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or
(ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.
Regards,
PBS KUMAR
From India, Kakinada
Dear If an employee is retrench after completion of six years, whether he will get retrenchment compensation and gratuity amount both.
From India, New Delhi
From India, New Delhi
Deas Sushil Meenakshi
If an employee is retrenched after completion of six years he will get both retrenchment compensation and gratuity subject of course to the condition that he is eligible for it under the Industrial Disputes Act and the Payment of Gratuity Act, respectively
With regards
From India, Madras
If an employee is retrenched after completion of six years he will get both retrenchment compensation and gratuity subject of course to the condition that he is eligible for it under the Industrial Disputes Act and the Payment of Gratuity Act, respectively
With regards
From India, Madras
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx