Hi Fellowmates,
I would like to know how can I get benefiitted wrt encashment of my PL/AL which is in my account but has got a carryover limit of 45 days after Dec2010 and starts with a fresh account since January 2011. I am planning to move out of my current organisation by January. Wll it be better if I do it by December itself to get benefit out of encashing teh leave, which will anyway lapse by January.Request your suggestion on the same.
Thanks,
Kalash
From India, Bangalore
I would like to know how can I get benefiitted wrt encashment of my PL/AL which is in my account but has got a carryover limit of 45 days after Dec2010 and starts with a fresh account since January 2011. I am planning to move out of my current organisation by January. Wll it be better if I do it by December itself to get benefit out of encashing teh leave, which will anyway lapse by January.Request your suggestion on the same.
Thanks,
Kalash
From India, Bangalore
Hi Admin/Moderator, I don’t know why there is no reply for my query for a long time. Do I need to post it differently?Kindly suggest. Thanks, Kalash
From India, Bangalore
From India, Bangalore
Dear Kalash,
Accumulation of EL/PL depends upon the applicability of the Act upon the establishment Or on the earned leaves Rules/ policy which is in force at the time of leaving the organization. Calculation of leave will also be provided by the Act. Therefore go through the Act or Rules which is applicable in your case.
R.N.KHOLA
(M)09810405361
From India, Delhi
363Accumulation of EL/PL depends upon the applicability of the Act upon the establishment Or on the earned leaves Rules/ policy which is in force at the time of leaving the organization. Calculation of leave will also be provided by the Act. Therefore go through the Act or Rules which is applicable in your case.
R.N.KHOLA
(M)09810405361
From India, Delhi
Dear Mr.Khola,
Thanks for your reply. I am in the notice period now. I would like to know whether I am eligible for gratuity, since I would complete 4 years and 10 months by the end of my notice period? I read somewhere that 4 yrs and 240 days of working in the fifth year makes you eligible for gratuity.Kindly suggest. I also need a clarification whether I can get benefit of tax exemption if I close my pf account after finishing my notice period. I understand that only after 5 years of service, it is eligible. Pls give your suggestion.
Thanks in advance.
Regards,
Kalash
From India, Bangalore
Thanks for your reply. I am in the notice period now. I would like to know whether I am eligible for gratuity, since I would complete 4 years and 10 months by the end of my notice period? I read somewhere that 4 yrs and 240 days of working in the fifth year makes you eligible for gratuity.Kindly suggest. I also need a clarification whether I can get benefit of tax exemption if I close my pf account after finishing my notice period. I understand that only after 5 years of service, it is eligible. Pls give your suggestion.
Thanks in advance.
Regards,
Kalash
From India, Bangalore
Dear Kalash,
Strictly according to the Payment of Gratuity Act, 1972 we are not entitled to receive any gratuity without completion of five year continuous service with the same employer whose establishment is covered under this Act but in the year 1996 a judgement was announced by the Hon'ble Madras H C which appear in Labour Law Reporter as '1998 LLR 1072' & according to this an employee is entitled to receive gratuity if he completes 240 days working in the fifth year.The Controlling Authorities under the P G Act of the Madras area are bound to accept this Judgement. If the employer refuse to grant gratuity then an employee may file a claim case & may put this Ruling before the concerning Authority & see how the Authority take this decision.
[SIZE=1]R.N.KHOLA
[B][COLOR=#3366ff][FONT=Verdana]
From India, Delhi
Strictly according to the Payment of Gratuity Act, 1972 we are not entitled to receive any gratuity without completion of five year continuous service with the same employer whose establishment is covered under this Act but in the year 1996 a judgement was announced by the Hon'ble Madras H C which appear in Labour Law Reporter as '1998 LLR 1072' & according to this an employee is entitled to receive gratuity if he completes 240 days working in the fifth year.The Controlling Authorities under the P G Act of the Madras area are bound to accept this Judgement. If the employer refuse to grant gratuity then an employee may file a claim case & may put this Ruling before the concerning Authority & see how the Authority take this decision.
[SIZE=1]R.N.KHOLA
[B][COLOR=#3366ff][FONT=Verdana]
From India, Delhi
Dear Mr.Khola,
Thanks for your update.I had informed the same to our HR team and they had forwarded this point to our legal team for validation. I shall react after getting their response. I request your reply for my query towards PF too, mentioned in the same query.
Thanks and regards,
Kalash
From India, Bangalore
Thanks for your update.I had informed the same to our HR team and they had forwarded this point to our legal team for validation. I shall react after getting their response. I request your reply for my query towards PF too, mentioned in the same query.
Thanks and regards,
Kalash
From India, Bangalore
Dear Mr.Khola,
I would like to update that I had not received gratuity from my company although I had mentioned about the High court judgement etc to the HR team. They had referred it to our legal team and they have in turn advised HR, which was not informed to me yet. I had received PF amt deducting 30% for TDS and leaving Pension fund contribution. I had asked clarification for which I was asked to submit form19 and 10C once again. Please suggest me how shall I take it up now?
Do I need to go legally or is there some other way to represent and get my gratuity (I had worked for 4 years and 10 months totally before getting relieved).
Thanks,
Kalash
From India, Bangalore
I would like to update that I had not received gratuity from my company although I had mentioned about the High court judgement etc to the HR team. They had referred it to our legal team and they have in turn advised HR, which was not informed to me yet. I had received PF amt deducting 30% for TDS and leaving Pension fund contribution. I had asked clarification for which I was asked to submit form19 and 10C once again. Please suggest me how shall I take it up now?
Do I need to go legally or is there some other way to represent and get my gratuity (I had worked for 4 years and 10 months totally before getting relieved).
Thanks,
Kalash
From India, Bangalore
Hi,
I wanted to know eaned leave encashment is calculated in 26 days or 30 days.As far as my knowledge it is calculated in 26 days but recently i have joined in new company where they were calculating in 30 days i objected it but they said me to where it is written . I went through the Factory Act but didnot find any concrete details.I consulted some Hr people they said that if company is having certain written leave Rules then one can pay on 30 Days also.Plz.Suggest me what is right! Is there any supportive document where i can prove it write.Contact me
.
Regards-Ganesh
From India, Jamshedpur
I wanted to know eaned leave encashment is calculated in 26 days or 30 days.As far as my knowledge it is calculated in 26 days but recently i have joined in new company where they were calculating in 30 days i objected it but they said me to where it is written . I went through the Factory Act but didnot find any concrete details.I consulted some Hr people they said that if company is having certain written leave Rules then one can pay on 30 Days also.Plz.Suggest me what is right! Is there any supportive document where i can prove it write.Contact me
Regards-Ganesh
From India, Jamshedpur
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