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Gratuity Eligibility for Karnataka IT Company Employees
04-Apr-2023 (In Labour & Service Law)
I have completed my 4 years 8 months and 10 days in company. Please let me know if I am eligible to get gratuity amount as per Karnataka Act. If no please let me know the reason since Gratuity Central law approves Gratuity if one completes more than 4 years and 6 months. Please share the Karnataka Gratuity Act PDF document if possible.
Hello,
Gratuity Act is a central legislation, and while the State Government of Karnataka has issued State Rules under the Act laying out the procedure for payment of gratuity, the central Act continues to apply within the State of Karnataka. Gratuity is payable where an employee has completed at least 5 years of uninterrupted service with an employer. (The Supreme Court has interpreted this to be 4 years 10 months and 11 days while calculating an aggregate 240 working days in one year) Also, it is payable only at the time of termination of employment.
Gratuity Act is a central legislation, and while the State Government of Karnataka has issued State Rules under the Act laying out the procedure for payment of gratuity, the central Act continues to apply within the State of Karnataka. Gratuity is payable where an employee has completed at least 5 years of uninterrupted service with an employer. (The Supreme Court has interpreted this to be 4 years 10 months and 11 days while calculating an aggregate 240 working days in one year) Also, it is payable only at the time of termination of employment.
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What is the new rule of gratuity eligibility?
After completing 5 years of service, you can request a bonus when changing jobs. If an employee dies on the job, the gratuity will be paid to the nominee or legal heir. Employees who become disabled because of an illness or accident are entitled to a gratuity.
What are the eligibility conditions for obtaining gratuity?
The Gratuity Act of 1972 states that an employee can receive a bonus after five years continuous service with one organization. The amount of gratuity is paid out to employees who retire, resign or are laid off. 18-Aug-2022
What are the new rules for gratuity in 2023?
According to the new gratuity rule, each year of service is worth 15 days pay. As part of each years service, the company must pay 15 days of an employees last wage.
Is 4 years 7 months eligible for gratuity?
Individuals are not entitled to gratuity if they have completed 4.5 years of service. According to a Madras High Court ruling, those who have served 240 days during their fifth year are eligible for a gratuity.
You must have completed at least five continuous years of service in order to qualify for a gratuity. The gratuity is paid even before the five-year service period, if you die or become disabled due to a disease or accident.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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