I will be completing 4 yrs 244 days in the current organisation (incl the notice period). I went on maternity leave from Dec 2014 to April 2015. We have 5 day working here. My DOJ is 20 July 2011 and last day would be 19 MArch 2016. Wanted to know if I would be eligible for gratuity as per section 2A of the payment of gratuity Act,1972. My employer is saying that 5 years needs to be completed for being eligible for gratuity as per the Act.
Asked in Labour from Mumbai, Maharashtra
To be eligible for gratuity an employee has to put in five years of service. If in the fifth year an employee has worked for 240 days , he is deemed to have worked for full year. Minimum requirement of 240 days includes all weekly holidays, public holidays and other authorised leave period. If you have completed 244 days then you are eligible for Gratuity. A married woman is entitled to maternity leave of twelve weeks as per Maternity Benefit Act 1961 and that period will be considered and counted in working days. If your employer denies you Gratuity you have to demand in writing and then proceed under the Payment of Gratuity Act and petition the authority under the Act which usually is Asstt. Labour Commissioner of the area. A notice in writing to the employer would entitle you to claim interest on gratuity amount if it is denied thereon.
Advocate, New Delhi
To be eligible for gratuity, you must complete 5 years continuous service. I
2) Continuous service means uninterrupted service. But, it does include the interruption due to, leave, sickness or accident.
3) Madars High Court has held that an employee who has completed 4 years and 240 working days in 5th year will be entitled for gratuity i.e. 4 years 10 months and 11 day.
An employee is eligible for getting gratuity after the completion of five years in a organization. If a worker has worked for 240 days a year is complete. It is immaterial if it is a six or five day working week. After the completion of five years you will be entitled for getting the benefit of gratuity. You fulfill this criteria, so you are eligible to gratuity.
Serve a lawyer's notice to your employer if it denies your eligibility to gratuity.