Dear Deepak, i have also recently joined the HR field, but as per my knowledge the person who has completed 5 yrs of services is eligible for gratuity. Regards, Vikas
From India, Pune
Not required as he has not completed his 5 years of services. As a HR person, you can suggest him to complete another few days service and take the eligibility for benefit. Regards, Vikram
From India, Hyderabad
As per the Gratuity Act, an employee becomes eligible for gratuity if he completes 5 years of continuous employment or part thereof in excess of Six months. This employee is eligible for Gratuity. Kindly include the same in the F&F.
From India,
Dear Deepak, As per act if a person has worked for 240 days including holidays than it will be be assumed as a complete year. In your case the person has worked around four year and 10 months which is sufficient to be calculated as five year.There is a rule that Gratuity is payable after 5 year but apart from this there are situations and conditions.For simple understanding In normal cases if a person has worked for 8 year and 9 months than we are paying in gratuity of 9 year.So why not in this case.So please pay him.RegardsAmit
From India, Pilani
hi Deepak
I want to tell you that GRATUTY is only applicable when an employee has complited 5 yrs. if he / she has not completed 5 yrs of his service then he is not applicable for gratuty. After 5 yrs. if he / she has completed another 6 months then that would be count as 6th yr. of their service & if he / she has not completed his 6 months then he / she would be counted as only 5 yrs. of His service. I am sending yopu an attachment with this mail.
I hope this can help you.
Regards
Suman Parashar

From India, Gurgaon
Attached Files (Download Requires Membership)
File Type: doc FURMULA FOR CALCULATING GRATUITY.doc (65.5 KB, 244 views)

Yes every company has its own way of calculting gratuity for eg. In my company we pay gratuity according to monthly % of the employee stay in co.
For service less than 24 months:nil
for service of 25 months to 36 months = 25% of gross salary
for service of 37 to 48 months = 50% of gross salary
for service of 49 moths and over= 100 % of gross salary
regrds
khalid ghafoor
dm-hr
lucky cement ltd
karachi-pakistan

From Pakistan
Dear friend,
Gratuity is applicable, although he has not completed continous service of 5 years. If an employee completes 4 years + 240 days continous service Gratuity to be paid considering it as completion of 5 years service.
Bai,
P.Sathish Kumar

From India, Jaipur
Dear All

please suggest me ragarding the Gratuty

i am joined in one organisation as on 08.05.2000

they maintained my name in Pay roll after 6 months

i have been resigned from That Organisation as on Feb 2006.

when i ask for Gratuty , the HR Manager replied that there has no provision made regarding that period so they are unable.

after that i again asked for my service certificate HR AGM he given the Gratuty certificate for the period 5th may 2000 to Feb 2006 , with conduct Good.

with that Service certificate i sent a notice through MY ADVOCATE

again they(the same AGM) replied that that person (me) is not worked in more than 4 years.

his claims are shetteled.

how the same person saying lies in two statements?

at the time of Resignation My Salary 5500/-PM

SO THE ADVOCATE suggested me that 'your claim amount is below 10000/-, why did you put a form in court, decide your self what to do, or write a letter to Labor commisioner regarding this issues.

if i ask for interest, and bonus on that howmuch i will get ?

how to fight with the previous employer, the advocate cost is app 3000/-

the employer is MLA ALSO.

PLEASE SUGGEST ME

Ravindra Kumar Choudhary

9032234203

From India, Hyderabad
Gratuity is payable to employee... If you make delayed payment you have to pay the interest on the eligible gratuity at the rate priviling at that time.
From India, Tiruchchirappalli
Regarding Gratuity I had come across a judgement wherein it said if a person completes 4 years and 240 days of working, he is eligible for Gratuity. V Chithranath

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