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
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.
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
A.Hello,
It is requested you to kindly state more facts and precisely so i can provide you with better suggestion.
It is requested you to kindly state more facts and precisely so i can provide you with better suggestion.
Helpful
Helpful
Share
Read Related Answers
Can 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...
Illegal 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...
Employee 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...
Job 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...
Applicability 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...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location