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Gratuity Payable or not

pramod Contributing Member - Member Since: Oct 2008
Subject - Gratuity Payable or not
Dear all
one person has worked in an Organisation for 4 yrs and nearly 9-10 month and resigned from the service. now he is claiming for gratuity stating " since i worked 4 yrs and 240 days continuous service in 5th yrs kindly settle my gratuity amount"

in view of above whether he is entile for gratuity as per gratuity act 5 yrs service is required.

regards

Pramod
irudayamarockiam Contributing Member - Member Since: Feb 2009
Subject - Re: Gratuity Payable or not
I agree with Mr.KCS Kutty,
In the light of the discussion and clarification, it is advisable to pay the gratuity subject to the the satisfaction of 'five continuous years of service'.
A.Irudayam, M.A., M.B.A., LL.B.
Advocate and HR Consultant
+919940686632
anil.bhoite - Member Since: Apr 2009
Subject - Re: Gratuity Payable or not
Please see the attachment file of Gratuity ACT.

Regards,

Anil
drksnsarma - Member Since: May 2009
Subject - Re: Gratuity Payable or not
What Mr. A.Irudayam, Advocate and HR consultant, has posted on Mon, Feb 09, 2009, is the correct statement in the given circumstances. His legal observation is correct. The concerned employee is entitled for Gratuity even though he has not worked till the end of 60 calendar months.

Dr. KSN Sharma
Advocate and Management Consultant
e-mail:
pkc3000 - Member Since: Sep 2010
Subject - Re: Gratuity Payable or not
Sir in the PG Act nothing has been mentioned for such situation, but it is cleared that continuous service means 12 calender month hence in my opinion it will not be appropriate to consider the demand of employee.
mdigar - Member Since: Jan 2011
Subject - Re: Gratuity Payable or not
Hi All,

I have one doubt related to Gratuity Payable. I need clarification if someone knows answer. Let’s assume employee completes 5 yrs of service with company but when he completes 5 yrs of service if he is servicing notice period then in this case is he eligible for Gratuity

Thanks,

Manisha
Hyderabad
anileluru - Member Since: Sep 2011
Subject - Gratiuty
I completde 5.1 years with a MNC company .My company is saying that for the 1st year I am in training period.So it does not count,
Is it true that training period will not count?
What is the actual rule?
boss2966 Contributing Member - Member Since: Jun 2011
Subject - Re: Gratuity Payable or not
Dear Pramod

4 years and 240 working days are only mentioned and not that 240 days.

That means 4 years 9 months and 1 week service is minimum requirement for those organisation working weekly 6 days, i.e., weekly off must be excluded from that 240 days.

Hence whoever completed 4 years and 8 months are not eligible for Gratuity.




Quote:
Originally Posted by pramod View Post
Mr. Irudayam & Mr. Mallik Sir
Now can we pay gratuity to all employee who had left the services after -
completing 4 yrs and 240 days in 5th yr(8month )continuous service.

may pl. reply becoz today we have to take final decision.
reply sharp

pramod
boss2966 Contributing Member - Member Since: Jun 2011
Subject - Re: Gratiuty
Dear Anil

The training period, Probation Period, Orientation Programme period and any other period whatever it may be, if the person engaged by your company means he is eligible for Gratuity, if he serves for more than 5 years period.



Quote:
Originally Posted by anileluru View Post
I completde 5.1 years with a MNC company .My company is saying that for the 1st year I am in training period.So it does not count,
Is it true that training period will not count?
What is the actual rule?
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