As per the basic Act, one who has even one day short to complete 5 years is not eligible for gratuity. The matter of 240 days is taken only to decide continuous service. As such one who had 240 days of work (inclussive of leave due to employment injury, CL, ML, lay off etc) in a year shall be treated as having continuous service. This is to protect such employees who may not be regularised by the employer to deter so many rights in the law. There is also some misconception that only confirmed employees are eligible for gratuity, EPF etc. That's why a provision has been made to interpret 'continuous service' by reading 240 days of service. But this is not applicable to death cases, where as one member asked, one who dies the very next day of his service will get gratuity; but the amount of gratuity will be to that extend only.
However, there are court verdicts (Madras HC and Delhi HC) allowing gratuity to employees who have not completed 5 years of service but on the basis of their 240 days of service in the fifth year.
Regards,
Madhu.T.K
From India, Kannur
4249However, there are court verdicts (Madras HC and Delhi HC) allowing gratuity to employees who have not completed 5 years of service but on the basis of their 240 days of service in the fifth year.
Regards,
Madhu.T.K
From India, Kannur
Dear Mr.Madhu,
Its a clear and informative info.
But I find in this forum, THE LATEST POST APPEARS AT THE LAST PAGE (PLS CHECK IT FOLLOWS AN ASCENDING DATE ORDER)
It would be better if the latest post appear on the top (descending date order)
Request you to pls check if something could be done on this.
-Saravana Rajan
From India, Mumbai
Its a clear and informative info.
But I find in this forum, THE LATEST POST APPEARS AT THE LAST PAGE (PLS CHECK IT FOLLOWS AN ASCENDING DATE ORDER)
It would be better if the latest post appear on the top (descending date order)
Request you to pls check if something could be done on this.
-Saravana Rajan
From India, Mumbai
I had also experienced the same case where Company didnt pay the Gratuity to the employee left the org after 4 yrs 10 months of regular service. I personally not convinced with this, since its was only 2months to go to compleate the 5 yrs.
Can somebody advice if he can go back and ask his Gratuity from the previous employer? Its a recent incident.
From India, Bangalore
Can somebody advice if he can go back and ask his Gratuity from the previous employer? Its a recent incident.
From India, Bangalore
Dear..
Can someone also please clarify on the Gratuity ceiling of Rs 350000/-. One of our employee has completed 8 years in the organisation. His gratuity figure is much higher than 350000/-. As per the law Company has an option to pay either 350000/- or the total amount. Seniors please let me know if my understanding is wrong
Warm Regards
Smita
Can someone also please clarify on the Gratuity ceiling of Rs 350000/-. One of our employee has completed 8 years in the organisation. His gratuity figure is much higher than 350000/-. As per the law Company has an option to pay either 350000/- or the total amount. Seniors please let me know if my understanding is wrong
Warm Regards
Smita
Hi,
You can tk a look at the foll URL. Hope it'll be of sm help
Calculate Gratuity
Warm Regards
Moumita
From India
You can tk a look at the foll URL. Hope it'll be of sm help
Calculate Gratuity
Warm Regards
Moumita
From India
Gratuity Calculation Basic + DA (Last drawn) X 15 / 26 X No of years of service. -Saravana Rajan
From India, Mumbai
From India, Mumbai
Hi ,
I am working in IT firm and after completing my 6 year of service I have been transfered to US office head office on L1 visa. Here I have been joined as a new employee no connection or link/benefit etc. releated to India office.
I want to know whether i am eligble for Gratuity fund or not.
Regards,
RS
From United States, Marietta
I am working in IT firm and after completing my 6 year of service I have been transfered to US office head office on L1 visa. Here I have been joined as a new employee no connection or link/benefit etc. releated to India office.
I want to know whether i am eligble for Gratuity fund or not.
Regards,
RS
From United States, Marietta
If your transfer to US Office is not in continuation of your service in India, your services in India are supposed to have been terminated. As such you are eligible for Gratuity. On the other hand, if your posting is only a temporary arrangement with a condition that you will be posted back in India, it will be presumed that you are still in service. Therefore, study the transfer order in detail and act accordingly.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
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Gratuity calculation.doc
Gratuity Eligibility.pdf
Gratuity Calculation tool.xls