• Gratuity eligibility

Hello Respected Sirs,

I joined an organization in Noida on 25th Sep 2017 and left on 19th July 2022. It leads to my service of:

"4 Years and 297 Days" OR in other words
"4 Years 9 Months and 25 Days".
The Gratuity fund of my organization is kept with LIC. And my organization is denying that LIC will not release funds because 5 years are not completed. 
I have gone through the act and some judgements of honorable courts that 4 years and 240 days will make you eligible for gratuity and I have done my 4 Years and 297 days.
Please suggest along with some articles/judgements and my plan of action.

Best
S. Arora
Asked 11 days ago in Labour

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8 Answers

You are correct, you are eligible to gratuity, Submit an application to employer in following  format with necessary changes seeking payment  within one month. If you do not see any positive development  you can make complaint to Labor Commissioner under Section 7 of Payment  of Gratuity Act. Commissioner will issue a notice  to employer and if the employer fails to make payment, he will issue a certificate  to Collector who will recover the amount of gratuity as arrears of revenue from employer.  

 

 To,
The Human Resources Manager,
___________ (Name Of Company),
___________ (Address)

Date: __/__/____ (Date)

Subject: Request for gratuity

Sir / Madam,

I would state that my name is ____________ (Name) and I used to work for your company as __________ (Designation) for last _________ (Duration). My employee ID is _____________ (Employee ID). I would like to state that I have worked in your organization for _________ (years) and as per the Government rules and regulations, I am eligible for the Payment Of Gratuity.

As per requirements, I have gone through all of the formalities and procedures.  In this regard, I humbly request you to kindly guide me through the procedure for claiming the same.

Ravi Shinde
Advocate, Hyderabad
2684 Answers
42 Consultations

5.0 on 5.0

you are absolutely correct you are entitled to gratuity 

 

2) The requirement of 240 days service is needed for continuous service on any year. Unless the individual has actually worked in the company for 240 days in a year he is not entitled for gratuity.

 

3) in your case you have worked for 4 years 297 days so you are entitled for gratuity 

 

4) send email to company to pay gratuity

 

5) if company refuses take legal proceedings against company 

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Gratuity is a statutory obligation on the shoulders of the employer to make the payment of Gratuity to his employees as soon as it becomes payable.

As soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority specifying the amount gratuity.

Gratuity shall be payable to an employee on the termination of his
employment after he has rendered continuous service for not less than five
years,

where an employee (not being an employee employed in a seasonal
establishment) is not in continuous service, for any period of one year or six months, he shall be deemed to be in continuous service under the employer -

(a) for the said period of one year, if the employee during the period of
twelve calendar months preceding the date with reference to which
calculation is to be made, has actually worked under the employer for not
less than -
(i) one hundred and ninety days, in the case of an employee employed below
the ground in a mine or in an establishment which works for less than six
days in a week; and
(ii) two hundred and forty days, in any other case;

 

If the amount of gratuity payable under this Act is not paid by the employer,
within the prescribed time, to the person entitled thereto, the controlling
authority shall, on an application made to it in this behalf by the aggrieved
person, issue a certificate for that amount to the Collector, who shall recover
the same, together with compound interest thereon at such rate as the Central
Government may, by notification, specify,] from the date of expiry of the
prescribed time, as arrears of land revenue and pay the same to the person
entitled thereto :

 

LIC is  not the authority to deny the gratuity payment, it is the employer who has to obtain the payment from LIC and disburse it to the employee concerned.

Quoting irrelevant rules to avoid payment of gratuity amount is an offence and the employer can be punished through criminal law. 

 

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

Are you interested about knowing more judgments or would like to get proper relief from your employer. 

You have not even initiated any action towards the claim for gratuity but you show your keenness towards a big litigation. 

You may first write to the authorities concerned about your gratuity claim. 

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

Yes it's not necessary to complete more than 240 days in a year

Prashant Nayak
Advocate, Mumbai
27278 Answers
88 Consultations

4.4 on 5.0

Judgment of SC is binding on all employers 

 

you cannot be denied benefit of gratuity if you have served 240 days in 5 th year 

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

As you have served more than 240 days of service in your 5th year, you are eligible to claim gratuity as you worked for 297 days in the fifth year. 

You can serve a notice to your company to get your  gratuity amount released. If they fail to do so, you can write a complaint against them to the labour commissioner having jurisdiction and your issue would be solved.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

- As per law, an employee is eligible to receive gratuity, only if he has completed minimum five years of service with an establishment.

- However, it can be paid before the completion of five years at the death of an employee or if he has become disabled due to accident or disease.
- Further , as per Madras High Court, the gratuity of an employee who completes 4 years and 240 days of service  is eligible for gratuity.

- Further, as per Section 2A(1) , an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave. 

- And further, Section 4(2) of the Payment of Gratuity Act provides that for every completed year of service in excess of six months, the employer shall pay gratuity to an employee for the whole year. That means if an employee works in the establishment for more than 6 months in a year, he shall be eligible to get gratuity , if the employee has had continuous service of 190 / 240 days.

- And further , since completed year of service is basis continuous service, hence for the establishment which working is less than 6 days in a week , rule of 4 years 190 days will be applicable , and for the establishment working 6 days working rule of 240 would be applicable. 

- Hence, you are entitled to get the gratuity. 

Mohammed Shahzad
Advocate, Delhi
9905 Answers
121 Consultations

5.0 on 5.0

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