Eligibility of gratuity
This query is : Resolved
22 January 2015
Hi,
Can anyone let me know if I am eleigible to get gratuity under following circumstances.
Date of Joining - 12-07-2010
Last Workig Day after Resignation - 31-01-2015
I have a balance earlned leave of ~50 days. Will that be considered for the purpose of calulation of tenure of service for gratuity entitlement.
Could you also share with me the section of the act for reference purpose.
Regards,
Rakesh
Can anyone let me know if I am eleigible to get gratuity under following circumstances.
Date of Joining - 12-07-2010
Last Workig Day after Resignation - 31-01-2015
I have a balance earlned leave of ~50 days. Will that be considered for the purpose of calulation of tenure of service for gratuity entitlement.
Could you also share with me the section of the act for reference purpose.
Regards,
Rakesh
22 January 2015
You are not eligible for gratuity as you have not completed 5 years service. EL will not be considered for tenure of service. Please refer gratuity act section 4 (1).
Please see the link.
https://www.business-standard.com/article/pf/what-is-gratuity-113050900105_1.html
https://www.slideshare.net/pratibhatrivedi/payment-of-gratuity-act-1972-17702327
Please see the link.
https://www.business-standard.com/article/pf/what-is-gratuity-113050900105_1.html
https://www.slideshare.net/pratibhatrivedi/payment-of-gratuity-act-1972-17702327
22 January 2015
No. The balance LEAVE can NOT be considered for the purposes of calculating the number of completed years service.
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22 January 2015
Thanks Mr. Seetharaman for the response.
I still have a doubt in the matter.
Some of the consultants & also from online reviews it ssems that tenure is rounded off to the nearest whole number & then eligibility is checked.
I my case my tenure comes to 4 years 6 months 24 days. When rounded off it come to 5 years.
Please clarify.
Regards,
Rakesh
I still have a doubt in the matter.
Some of the consultants & also from online reviews it ssems that tenure is rounded off to the nearest whole number & then eligibility is checked.
I my case my tenure comes to 4 years 6 months 24 days. When rounded off it come to 5 years.
Please clarify.
Regards,
Rakesh
22 January 2015
rounding off is done for CALCULATING the amount of gratuity and NOT the deciding the eligibility of gratuity
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22 January 2015
Thanks Mr. Amol S. Joglekar
22 January 2015
You are most welcome.
.
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22 January 2015
That is for calculation of gratuity. If you complete 5 years and 6 months service you are eligible for 6 years gratuity. But no gratuity for 4 years and 6 months.
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