Layoff gratuity benefit

Q & A ForumCategory: GeneralLayoff gratuity benefit
jdutta1 asked 8 years ago
I joined an organisation on 17.10.2016 and then was part of a layoff process and my last working was 15.11.2017. The company has made settlement on 30.11.2017. In settlement they paid for the leaves accrued and one month salary but there was no gratuity paid. I have raised in form of mail for gratuity and in revert they have confirmed they have submitted the form to LIC and waiting confirmation from LIC. They will get back to me within 15.01.18. I would like to know how much gratuity amount will be paid to me and what confirmation they require from LIC for the same.
jdutta1 replied 8 years ago

Hi,
Our company has paid 1 year gratuity amount after inquiring, since gratuity clause was mentioned in our lay off letter. My query is the amount should be paid for 5 years or for 1 year.The tenure of our service period was 1 year. But as per gratuity benefit, the amount should be calculated for minimum 5 years or it can be any period.

5 Answers
Sreekanth Staff answered 8 years ago
Hi, It depends on your salary structure and LIC's group gratuity plan features. Suggest you to get the info from your employer.
Sreekanth Staff answered 8 years ago
Your may not be eligible for gratuity before 5 year. Only two cases is not considered the condition of 5 years. 1. permanently disablement. 2. Death. Kindly read : https://www.relakhs.com/gratuity-benefit-calculation-taxation-eligibility/
jdutta1 replied 8 years ago

But as per the FAQ –

FAQ 2 – When is Gratuity Amount paid?

It is payable..

On Superannuation (or) Retirement.
On your Resignation (or) Termination.
On death or Disablement due to accident or disease.
On Retrenchment (or) Layoff.
VRS (Voluntary Retirement Scheme).

Retrenchment/Layoff is also a part considered in FAQ.

Sreekanth Staff answered 8 years ago
Hi, Yes, but the primary condition is min 5 year service period. FAQ 3 – Is five years continuous service rule applicable to all the above events? The condition of five years of continuous service is not applicable if employee’s service is terminated due to death or disablement. Your nominee or legal heir can receive your gratuity amount (in the event of death of the employee).
jdutta1 replied 8 years ago

In our letter received for layoff, it was mentioned in our settlement one month severance pay will be given inclusive gratuity.

Sreekanth Staff answered 8 years ago
Hi, A company can pay if they wish to and this can be part of severance pay. Hence, kindly check with your employer.
jdutta1 replied 8 years ago

Hi,
Our company has paid 1 year gratuity amount after inquiring, since gratuity clause was mentioned in our lay off letter. My query is the amount should be paid for 5 years or for 1 year.The tenure of our service period was 1 year. But as per gratuity benefit, the amount should be calculated for minimum 5 years or it can be any period.

Sreekanth Staff answered 8 years ago
Hi, Looks like it is part of your severance package. Gratuity is calculated as : Gratuity = Last drawn salary * 15/26 * No. of completed years of service. 
jdutta1 replied 8 years ago

The minimum completed years payable for gratuity is 5 years and they paid for 1 year term. Can we claim for 5 years as severance pay package.

Sreekanth Staff replied 8 years ago

You may kindly check this with your employer.

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