90,000+ Legal Questions Answered

About gratuity calim About gratuity calim

1 year ago

I have completed 4 years 9 months in a private Ltd company and the company is closing today 31/12/2022, can I claim my gratuity amount. Tha company is saying that minimum 5 years has to be complete to get eligible, as per a ruling made by the Madras High Court , individuals who have completed 240 days in their fifth year of service are eligible for gratuity. So what can I do now?

Advocate Simi Paul

Responded 1 year ago

View All Answers
A.Hi client,
It is mandatory to complete the time period of 5 years consecutively in a company without a gap to receive gratuity from a company. You have not completed the said , so you are not eligible for the said.
Thank you
Simi Paul
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 1 year ago

I am ready to complete 5 years of work. But the company is closing what can I do.

Placeholder image

Advocate Simi Paul

Replied 1 year ago

In that case you need to come to a settlement along with your company.

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 year ago

View All Answers
A.Dear Sir,
Yes, you can claim. You may lodge complaint with concerned authorities and if time needs you have to approach Civil Court.
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 1 year ago

Thanx I got my gratuity amount

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconVariable Pay Components - How to add Variable pay in offer letter and salary slips
Dear Client, Variable pay or compensation is determined based on two main factors – the employee's performance and the company's overall performance. An employee becomes eligible to get variable pay...
question iconlayoff as BU is closing
Dear Client, Apart from compliance with the statutory formalities required under the Companies Act, 2013 for the closer of the business of a company or part of it, the Company has to comply with the s...
question iconTermination
Dear Client, Termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory p...
question iconFnF amount not received
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...
question iconNo Leave Encashment - Worked for 18 plus years in the organization
Dear Client, Leave Encashment Rules for private companies vary according to their policies and local regulations. Each company has a unique leave encashment policy. Some may have a cap on the number o...