Gratuity
2 years ago
I have completed 4 years and 184 days in my organization that has a 5 day working week. Am I eligible for getting gratuity?
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.not for 4 years and 184 days.
Will get by 4 years and 240 days.
so spend 2 more months.
Will get by 4 years and 240 days.
so spend 2 more months.
Helpful
Helpful
Share
A.Hi,
It is advisable to complete five years of service then only you will be eligible to gratuity. There are some exceptional cases when gratuity is paid before completion of five years such as severe illness and disability and in case of death the legal heir will get the gratuity.
If you find it helpful please rate my answer. Thank You
It is advisable to complete five years of service then only you will be eligible to gratuity. There are some exceptional cases when gratuity is paid before completion of five years such as severe illness and disability and in case of death the legal heir will get the gratuity.
If you find it helpful please rate my answer. Thank You
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
To be eligible for gratuity under the Gratuity Act, an employee needs to have at least five full years of service with the current employer, except in the event that an employee passes away or is rendered disabled due to accident or illness. In these cases, gratuity must be paid.
Gratuity is paid when an employee:
Is eligible for superannuation
Retires
Resigns
Passes away or is rendered disabled due to accident or illness (if an employee passes away, gratuity will be paid to the employee’s nominee)
If you find my answer helpful, please rate me.
To be eligible for gratuity under the Gratuity Act, an employee needs to have at least five full years of service with the current employer, except in the event that an employee passes away or is rendered disabled due to accident or illness. In these cases, gratuity must be paid.
Gratuity is paid when an employee:
Is eligible for superannuation
Retires
Resigns
Passes away or is rendered disabled due to accident or illness (if an employee passes away, gratuity will be paid to the employee’s nominee)
If you find my answer helpful, please rate me.
Helpful
Helpful
Share
A.Dear Sir
GRADUITY – MORE THAN TEN EMPLOYEES – 5 YEARS CONTINUOUS SERVICE.
Dear Sir,
The amount of Gratuity is equal to 15 days salary for every completed year of service.
Gratuity calculation is (Last drawn Basic+DA)/26 X 15 X No of completed years of service Here, we need to consider service above 6 months in the last year as next complete year. However this adjustment is subject to completion of 5 years of service. It is purely the employers contributions for the employees Gratitous service. So it can be enacted/ordered to given by the competent authority. He should also requires to work for more than 240 days in every year and should have continuous service for 5 years. In such a case, the employee is entitle for gratuity.
=====================================================================================
Section 4 in The Payment of Gratuity Act, 1972
4 Payment of gratuity. —
(1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,—
(a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease:
Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement: 13 [Provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.] Explanation .— For the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement.
(2) For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages based on the rate of wages last drawn by the employee concerned: Provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the
4years 240 days is enough for claiming gratuity.
GRADUITY – MORE THAN TEN EMPLOYEES – 5 YEARS CONTINUOUS SERVICE.
Dear Sir,
The amount of Gratuity is equal to 15 days salary for every completed year of service.
Gratuity calculation is (Last drawn Basic+DA)/26 X 15 X No of completed years of service Here, we need to consider service above 6 months in the last year as next complete year. However this adjustment is subject to completion of 5 years of service. It is purely the employers contributions for the employees Gratitous service. So it can be enacted/ordered to given by the competent authority. He should also requires to work for more than 240 days in every year and should have continuous service for 5 years. In such a case, the employee is entitle for gratuity.
=====================================================================================
Section 4 in The Payment of Gratuity Act, 1972
4 Payment of gratuity. —
(1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,—
(a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease:
Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement: 13 [Provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.] Explanation .— For the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement.
(2) For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages based on the rate of wages last drawn by the employee concerned: Provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the
4years 240 days is enough for claiming gratuity.
Helpful
Helpful
Share
Read Related Answers
Accountant in a production house
Dear Client,
The relationship between a probationer and the employer is also governed by the terms of the contract of employment or offer letter. A Probationer is not treated as an employee in the pe...
Not paid the April month salary
Dear Client,
In the prevailing situation, after serving a legal notice for the cause, a complaint against the School Management can be lodged over non-payment of salary to the National Council of Teac...
Salary deduction for not serving notice period
Dear Client,
It is very tricky situation when there is no formal agreement signed between employer and employee but it becomes an implied oral contract,if want to be taken then send a legal notice t...
Less Full and final settlement
Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
labou...
Already Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
Dear Client,
Please go through the terms and conditions of your employer employee contract once again and understand whether your release letter depends on the service company. if it does not then y...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location
