AM I ELIGIBILE FOR GRATUITY AM I ELIGIBILE FOR GRATUITY

7 months ago

I worked in Jbm auto gurgaon plant for 1 year 1 month, after that i got transfer to jbm pune plant and got different pf number and employee id, now i completed 4 years 2 months here. I want to end my contract now.
Am i eligible for gratuity?

Anik

Responded 7 months ago

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A.Dear Client,
Gratuity eligibility and calculations can vary based on the specific laws and regulations applicable in your country, as well as your employment contract. In India, the Payment of Gratuity Act, 1972 governs the payment of gratuity to employees.

Minimum Service Period: To be eligible for gratuity, you typically need to have completed a minimum of 5 years of continuous service with the same employer. However, there are exceptions to this rule, such as in the case of termination due to death or disability.

Continuous Service: Continuous service generally means that you have not had any breaks in service for reasons other than those specified under the law. Transfers within the same company may not break your service continuity, but it's essential to verify this with your HR department or legal advisor.

Same Employer: The gratuity calculation is usually based on the total service period with the same employer. If you have separate PF numbers and employee IDs for your time at the Gurgaon and Pune plants, this could potentially affect your gratuity eligibility. However, it's essential to consult with a legal expert in India to determine how these transfers impact your eligibility.

Local Laws and Company Policies: Different states in India may have slightly different rules and interpretations regarding gratuity. Additionally, your employment contract and company policies can play a role in determining eligibility and the calculation of gratuity.
Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 7 months ago

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A.Dear Client,
Clubbing your total length of service in different units of the same Company located in different places that meet the required length of continuous service of 5 years for payment of gratuity under the Act, you are eligible for the same once applied for on cessation of employment. For any dispute or discrepancy, you may reach out to the office of the Labour Commissioner who is the controlling authority under the Payment of Gratuity Act, 1972 to redress the dispute, if any.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 7 months ago

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A.Dear Client,
Based on the information provided, you may be eligible for gratuity from JBM Auto. Gratuity is a lump sum payment made by an employer to an employee as a token of appreciation for the employee's services rendered to the company. According to the Payment of Gratuity Act, an employee who has completed five years of continuous service with an employer is eligible for gratuity.
Since you have completed four years and two months of service with JBM Auto, you may be eligible for gratuity if you can prove that there has been no severance in course of employment.
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