Gratuity - was working in 5 day working company
8 months ago
Hello sir,
I was working in 5 day working company in Ahmedabad. My date of joining was 1.1.2019 and my last day of working was 13.7.2023 so my working tenure was 4 years and 193 days. So my question is "Am I eligible for the gratuity?" My company denied to give me a gratuity so what can I do to receive it if I'm eligible?
A.Dear Client,
Yes, you are generally eligible for gratuity if you have completed more than five years of continuous service with the same employer, as per the Payment of Gratuity Act, 1972 in India. However, there are certain conditions and exceptions to be aware of.
Here are a few points to consider:
Eligibility: As per the Act, an employee becomes eligible for gratuity if they have completed five years of continuous service with the same employer. In your case, with a working tenure of 4 years and 193 days, you may not meet the eligibility criteria under this Act.
Exception: In some cases, if an employee has worked for less than five years but more than 240 days in a year, they might be eligible for gratuity under certain conditions. However, the rules can vary depending on the jurisdiction and interpretation of the Act.
Company Policy: Your company's gratuity policy might also play a role. Some companies might offer gratuity benefits even if an employee has not completed the statutory five-year period.
Negotiation: If you believe you should be eligible for gratuity based on the circumstances or if your company has a more flexible policy, you could negotiate with your employer to receive the gratuity.
Legal Action: If your employer denies you gratuity that you believe you are rightfully entitled to, you might potentially take legal action to claim your dues.
Labour Court or Tribunal:
Legal Action: If all else fails, you can consider taking legal action by approaching the labor court or industrial tribunal. These specialized courts handle employment-related disputes.
Filing a Case: File a case against your employer for non-payment of gratuity. You would need to provide evidence of your employment, tenure, and any relevant documents
Thanks
Yes, you are generally eligible for gratuity if you have completed more than five years of continuous service with the same employer, as per the Payment of Gratuity Act, 1972 in India. However, there are certain conditions and exceptions to be aware of.
Here are a few points to consider:
Eligibility: As per the Act, an employee becomes eligible for gratuity if they have completed five years of continuous service with the same employer. In your case, with a working tenure of 4 years and 193 days, you may not meet the eligibility criteria under this Act.
Exception: In some cases, if an employee has worked for less than five years but more than 240 days in a year, they might be eligible for gratuity under certain conditions. However, the rules can vary depending on the jurisdiction and interpretation of the Act.
Company Policy: Your company's gratuity policy might also play a role. Some companies might offer gratuity benefits even if an employee has not completed the statutory five-year period.
Negotiation: If you believe you should be eligible for gratuity based on the circumstances or if your company has a more flexible policy, you could negotiate with your employer to receive the gratuity.
Legal Action: If your employer denies you gratuity that you believe you are rightfully entitled to, you might potentially take legal action to claim your dues.
Labour Court or Tribunal:
Legal Action: If all else fails, you can consider taking legal action by approaching the labor court or industrial tribunal. These specialized courts handle employment-related disputes.
Filing a Case: File a case against your employer for non-payment of gratuity. You would need to provide evidence of your employment, tenure, and any relevant documents
Thanks
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A.Dear Client,
The Payment of Gratuity Act, 1972 requires a minimum of five years of continuous service (as defined u/s.2A of the Act) under the same employer to make an employee or worker irrespective of status/nature of employment eligible to receive gratuity from the Employer. Since you don't have qualifying years of continuous service, you are not eligible for gratuity under the Payment of Gratuity Act, 1972.
The Payment of Gratuity Act, 1972 requires a minimum of five years of continuous service (as defined u/s.2A of the Act) under the same employer to make an employee or worker irrespective of status/nature of employment eligible to receive gratuity from the Employer. Since you don't have qualifying years of continuous service, you are not eligible for gratuity under the Payment of Gratuity Act, 1972.
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