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Previous company denying gratuity after working 4 yrs 9 months
17-Aug-2023 (In Labour & Service Law)
I have worked for a firm for 4 years 9 months. in a Pvt Ltd company. I have enquired about the Gratuity, they are telling "240 days means = Total No of days in the last year minus Holidays - Minus Leaves taken - Minus Sundays. However, in the new company I joined they have clearly told its 4 years 8 months. Can I send a legal notice to my previous company. Please clarify this confusion.
As per the Payment of Gratuity Act, under Section 4 (1) an employee is entitled for payment of Gratuity after completing of 5 years continuous service from date of his appointment, subject to other provisions of Act. A person under the Act is said to be in continuous service if he has worked for 240 days in the preceding calendar year from which calculation is to be made. However, keeping the view of recent Court judgments, if you have completed 240 days continuous service including the period of laid-off, leaves with wages, absence due to temporary disablement caused by an accident, maternity leaves, you are eligible for Gratuity and required to file your claim on prescribed form. In case they do not accept your request you can send a legal notice.
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Dont worry for sure all assistance would be given to you & if you are right from yours side yours all right would be restored & procedure .Under the legal recourse & procedure & for any further information please feel free to contact me & fix an appointment with me.
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Adv. Shaifali Gaur
Faridabad | 100+ Answers
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