Hi All,
I want to add one situation for further discussion on Gratuity.
If any person worked for say 4 and half year, then as per Act he is not eligible for Gratuity.
But if he is asked to resign by company and immediate relieve, then whether he is eligible to Gratuity as he is not going by his will?
Also note he is not fired for his performance, behavior etc.
Regards,
Vinod
From India, Kolhapur
I want to add one situation for further discussion on Gratuity.
If any person worked for say 4 and half year, then as per Act he is not eligible for Gratuity.
But if he is asked to resign by company and immediate relieve, then whether he is eligible to Gratuity as he is not going by his will?
Also note he is not fired for his performance, behavior etc.
Regards,
Vinod
From India, Kolhapur
Irrespective of resignation / retirement / termination,
If the person is not completing 5 years of continuous service on his or her last working day, he/she will not be eligible for gratuity...
The only relaxation for the 5 year's continuous service is in the case of death and partial / full disablement which do not allow an employee to continue his/her services any further...
Only in these 2 cases, the due gratuity amount is paid to the nominee stated by the person.
Hope this helped.
From India, Mumbai
377If the person is not completing 5 years of continuous service on his or her last working day, he/she will not be eligible for gratuity...
The only relaxation for the 5 year's continuous service is in the case of death and partial / full disablement which do not allow an employee to continue his/her services any further...
Only in these 2 cases, the due gratuity amount is paid to the nominee stated by the person.
Hope this helped.
From India, Mumbai
Dear All,
While agreeing with Ankita ji cent percent but I would consider the following situation differently in which the employee is not allowed to complete 5 years of service with no fault of him.
If I am the employee, I will demand for Gratuity. And I am the employer, I will accept the demand by such employee.
From India, Mumbai
While agreeing with Ankita ji cent percent but I would consider the following situation differently in which the employee is not allowed to complete 5 years of service with no fault of him.
If I am the employee, I will demand for Gratuity. And I am the employer, I will accept the demand by such employee.
From India, Mumbai
Hi,
Under Payment of Gratuity Act, 1972 Sec 4 "Gratuity shall be payable to an employee on the termination of his employment after he has rendered continues service not less than 5 years, on superannuation, retirement, resignation, death, disablement due to accident or disease. Continuance service of 5 service shall not be necessary where the termination of the employment is due to death or disablement."
Regards
Srinivas B
From India, Hyderabad
Under Payment of Gratuity Act, 1972 Sec 4 "Gratuity shall be payable to an employee on the termination of his employment after he has rendered continues service not less than 5 years, on superannuation, retirement, resignation, death, disablement due to accident or disease. Continuance service of 5 service shall not be necessary where the termination of the employment is due to death or disablement."
Regards
Srinivas B
From India, Hyderabad
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx