Gratuity - eligible for gratuity Gratuity - eligible for gratuity

11 months ago

Sir, can u confirm me i've joined the company 15th sept 2018 and today is 16th may 2023 & working 6 days working so can i eligible for gratuity or also can be include in notice period on these 240 days

Legal Counsel Vidhikarya

Responded 11 months ago

View All Answers
A.For brevity of your query I am to split your query in two part as under
Part 1) As per the Payment of Gratuity Act, 1972 an employee or workman is entitled for payment of gratuity from his employer on completion of continuous service of 05 years in the establishment. Continuous service means 240 days of service in a year excluding the notice period.
Part 2) Since you joined Company on 15/09/2018 your 05 years of continuous service shall be completed on 14/09/2023 and before that date if you tender resignation serving notice, you are not entitled to for Gratuity from the employer.
Hope the matter stands clarified.
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 11 months ago

Sir I will send mail DTD 19th may 2023 for resignation then serve 1 month notice & my last working at 18th June 2023.

Before resignation I've completed 240 days
Pls reply and calculate i m right or wrong & i get gratuity or not. Pls

Placeholder image

Legal Counsel Vidhikarya

Replied 11 months ago

Dear client
I don't understand how did you compute 240 days of continuous service within 8 months having 32 days Sundays, public holidays, holidays under N I Act.
However, in case you find your computation is right then go ahead, but before moving ahead get your computation of 240 days of continuous service verified by an expert.

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 11 months ago

View All Answers
A.Hello,
It is requested you to kindly state more facts and precisely so i can provide you with better suggestion.
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 11 months ago

Sir I will send mail DTD 19th may 2023 for resignation then serve 1 month notice & my last working at 18th June 2023. Before resignation I've completed 240 days Pls reply and calculate i m right or wrong & i get gratuity or not. Pls

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 iconCan a company deny experience-relieving letter for violating NDA
Dear Client, For a breach of the terms of an employment contract, an employer can take legal action against the employee claiming damages arising out of the breach of said contract. But the action of...
question iconIllegal Termination
Dear Client, From the contents of your query, the management's action, prima facie, appears to be highly arbitrary and illegal and can be termed as victimization and unfair labour practice. When the c...
question iconEmployee accident
Dear Client, Section 3 of the Employees Compensation Act, 1923 deals with the Employer's liability for compensation payable to an injured employee in case the injury is caused in the course of and ari...
question iconJob fraud
Dear Client, It appears from the query, that you are trapped by a fraudster company by alluring with fake employment that costs you a sum of Rs.2 lakhs. When you are in receipt of an offer letter issu...
question iconApplicability of Factories Act and Shops & Establishments Act for NGOs in Karnataka
Dear Client, Non-profit organizations/NGOs, even though they may not engage in commercial activities, may still fall within the purview of the Shops and Establishment Act if they provide services or...