hi sir, i completed 4.6 months service some company,i ready to do continue service 2months for eligibulity of gartuvity rule ,i am not intrested to continue that company for 5years,i said to my hr manager the same matter,he said that as company ruled must & should complete 5 years,iam waiting for your replay.
From India, Bangalore
From India, Bangalore
Dear Krishnamurali,
As per Gratuity act 1972, it is mandatory to complete minimum five years of service to eligible for gratuity payment. So as per your case it will be good if you completes your 5 years in same company, which will help you to take benefit of Gratuity Act.
From India, Pune
11As per Gratuity act 1972, it is mandatory to complete minimum five years of service to eligible for gratuity payment. So as per your case it will be good if you completes your 5 years in same company, which will help you to take benefit of Gratuity Act.
From India, Pune
Hi, As per my understanding of the act a minimum continious period of 4 years and 240 days should be sufficient for claiming the gratuity fund. Regards
From India, Bangalore
From India, Bangalore
Dear Abhay,
Why you feel so confidently? Your answer with supporting will be most appreciable.
Gratuity Law and Gratuity on 4 years and 240 days is discussed in this Forum on number of occasions with case law with its force.
From India, Mumbai
Why you feel so confidently? Your answer with supporting will be most appreciable.
Gratuity Law and Gratuity on 4 years and 240 days is discussed in this Forum on number of occasions with case law with its force.
From India, Mumbai
Payment of Gratuity Act 1972:Sec2A:
If the establishment works for 5days/week;;;the employee should have worked for 190 days
If the establishment works for more than 5days/week;;;the employee should have worked for 240 days/year
Period more than 6 months is counted as 1Y
There are many threads on the similar issues in which the legal position has been discussed e.g.:
http://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp
there are many threads in which employees have affirmed that employers have relented and paid the Gratuity e.g.:
http://www.lawyersclubindia.com/forum/Gratuity-eligibility-5-years-or-4-years-240-days-111887.asp
There is provision for penalty and punishment with jail time for anyone who contravenes or coerces to contravene the provisions of the Act and word used in Sec is :::::::::WHOEVER.......
Usually the employer want s someone in HR to show his face/shoulder to fire the bullet/chest to take the bullet (for him) to decline however the designated HR personnel should always educate the prompt the employer to comply with provisions of various enactments that are applicable to establishment and if any violation that employer wants to committ let employer make it under this thumb and signature..........
From India, Chandigarh
If the establishment works for 5days/week;;;the employee should have worked for 190 days
If the establishment works for more than 5days/week;;;the employee should have worked for 240 days/year
Period more than 6 months is counted as 1Y
There are many threads on the similar issues in which the legal position has been discussed e.g.:
http://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp
there are many threads in which employees have affirmed that employers have relented and paid the Gratuity e.g.:
http://www.lawyersclubindia.com/forum/Gratuity-eligibility-5-years-or-4-years-240-days-111887.asp
There is provision for penalty and punishment with jail time for anyone who contravenes or coerces to contravene the provisions of the Act and word used in Sec is :::::::::WHOEVER.......
Usually the employer want s someone in HR to show his face/shoulder to fire the bullet/chest to take the bullet (for him) to decline however the designated HR personnel should always educate the prompt the employer to comply with provisions of various enactments that are applicable to establishment and if any violation that employer wants to committ let employer make it under this thumb and signature..........
From India, Chandigarh
Dear Friends,
According to Mahesh3328, Gratuity is payable only on completion of 5 years of service. However, Bharath Bhushan & Abhay_011 opined in contradiction to Mahesh3328. Ddoaba has not given any clear-cut answer and not appreciated the answer pf Mahesh3328.
Can any body through light on it? What is the correct answer to Krishnamurali.Koneru? I am confused.
I started feeling that the earlier many discussions on same subject are just waste of time of every one.
My request to the Moderators to bring such discussions to correct conclusion. This is very important. Readers should not be misguided by incorrect answers.
From India, Mumbai
According to Mahesh3328, Gratuity is payable only on completion of 5 years of service. However, Bharath Bhushan & Abhay_011 opined in contradiction to Mahesh3328. Ddoaba has not given any clear-cut answer and not appreciated the answer pf Mahesh3328.
Can any body through light on it? What is the correct answer to Krishnamurali.Koneru? I am confused.
I started feeling that the earlier many discussions on same subject are just waste of time of every one.
My request to the Moderators to bring such discussions to correct conclusion. This is very important. Readers should not be misguided by incorrect answers.
From India, Mumbai
The Payment of Gratuity Act 1972,it's sections,eligibility of employees that have completed 190 or 240 days service/year, judgments of court,interpretation,..
and experience of employees that have succeeded to get Gratuity has thoroughly been discussed in threads mentioned above.
The readers and members can benefit from the plethora of information and le
From India, Chandigarh
and experience of employees that have succeeded to get Gratuity has thoroughly been discussed in threads mentioned above.
The readers and members can benefit from the plethora of information and le
From India, Chandigarh
Dear All,
As per Gratuity Act minimum 5 yrs continues service required for eligibility.
But , their are case law says that Gratuity can be paid for 4 yrs and 240 days working also.
Therefore if any one leaving service after 4 yrs and 240 days, can claim for Gratuity and If Company has not paid and denied the claim, can file suit against the Company and will get the Gratuity definitely.
Thanks,
Vidyadhar Bhat
From India, Pune
As per Gratuity Act minimum 5 yrs continues service required for eligibility.
But , their are case law says that Gratuity can be paid for 4 yrs and 240 days working also.
Therefore if any one leaving service after 4 yrs and 240 days, can claim for Gratuity and If Company has not paid and denied the claim, can file suit against the Company and will get the Gratuity definitely.
Thanks,
Vidyadhar Bhat
From India, Pune
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Minimum Qualifying service for Gratuity under the Payment of Gratuity Act.docx