Dear HRs, I need your advice. My concern is that "Am I eligible for gratuity or not ?"
I have worked for a small organization for more than five years. Now I have resigned. Company is registered. Company size is 5-10 employees only.
Will I get the gratuity amount on my Full and Final or not? I do not know about that my company comes in the gratuity act or not or if they follow this process.
Please help me.
Regards
From India, Gurgaon
I have worked for a small organization for more than five years. Now I have resigned. Company is registered. Company size is 5-10 employees only.
Will I get the gratuity amount on my Full and Final or not? I do not know about that my company comes in the gratuity act or not or if they follow this process.
Please help me.
Regards
From India, Gurgaon
Applicability of gratuity:
Applicability of Act
The Payment of Gratuity Act 1972 applies to the whole of India and so far as it relates to ports and plantations it does not apply to the State of Jammu and Kashmir. It applies to: (a) every factory, mine, oilfield, plantation, port and railway company. (b) Every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishment in a State, in which 10 or more persons are or were employed on any day in the preceding 12 months.
So you have to be certain that 10 or more employee where hired in the last 12 months.
From India, Pune
3131Applicability of Act
The Payment of Gratuity Act 1972 applies to the whole of India and so far as it relates to ports and plantations it does not apply to the State of Jammu and Kashmir. It applies to: (a) every factory, mine, oilfield, plantation, port and railway company. (b) Every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishment in a State, in which 10 or more persons are or were employed on any day in the preceding 12 months.
So you have to be certain that 10 or more employee where hired in the last 12 months.
From India, Pune
The numerical strength of the employees is the criterion for the applicability of the Payment of Gratuity Act,1972 only in respect of shops or establishments and notified establishments as mentioned in sec.1(3)(b) and (c) of the Act respectively. Sec.1(3-A) of the Act explicitly clarifies that the subsequent reduction in the minimum no. of 10 employees in the establishment is inconsequential for its continued application.
Since the poster's worked for more than 5 years before his resignation, he is eligible to get gratuity.
From India, Salem
Since the poster's worked for more than 5 years before his resignation, he is eligible to get gratuity.
From India, Salem
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Payment of Gratuity Act, 1972 & The Rules.ppt
FORM - F (TN Payment of Gratuity Rules, 1973).xls
Gratuity Eligibility.pdf