Dear sir, I have resigned from my previous organization after 4 years 6 months 5 days(if considering my notice period it will be 12 days instead of 5 days). This organization works 6 days a week. in this case I am eligible to get gratuity. And also at the time of joining gratuity was added to my CTC. So please Clarify the Eligibility criteria.
From India, Hyderabad
From India, Hyderabad
1534
Dear Kareem,
The CTC is some thing different aspect, it is a calculation for the employer to know how much your employment costs to employer and to make provision in accounts to discharge the liability when appeared.
Since you have not completed 5 years of working, therefore you are not eligible to get Gratuity.
From India, Mumbai
The CTC is some thing different aspect, it is a calculation for the employer to know how much your employment costs to employer and to make provision in accounts to discharge the liability when appeared.
Since you have not completed 5 years of working, therefore you are not eligible to get Gratuity.
From India, Mumbai
Thanks prabhat ji, For your promt reply , I am attaching judgement from supreme court- Please go through it ,from that it appears 4 years six months is eligible for getting gratuty
From India, Hyderabad
From India, Hyderabad
Dear Kareem,
It gives pleasure to know your endeavours. The unfortunate part is that even though why govt has not enacted into New Labour Codes. The court judgements are case specific.
You can claim by citing the order reference to your employer. For this particular ground/case Court is the right forum for a decision.
From India, Mumbai
It gives pleasure to know your endeavours. The unfortunate part is that even though why govt has not enacted into New Labour Codes. The court judgements are case specific.
You can claim by citing the order reference to your employer. For this particular ground/case Court is the right forum for a decision.
From India, Mumbai
The judgement in Surendra Kumar Verma's case by Supreme Court is on the Industrial Dispute Act 1947 and is not as per the Payment of Gratuity Act 1972 . The 4 year six month eligibility where it is five working days per week but here you are working in a 6 day per week unit and hence the same would require 240 days or more continuous service. So even if the Mettur case decided by Madras High Court is applied still the service appears to fall short of eligibility criteria.
From India, Mumbai
From India, Mumbai
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx