【印度勞動】服務滿五年及未滿五年的酬金資格

小編越來越深入印度,網頁是不是應該改名叫追尋泰姬瑪哈陵…

#不行不行

#小編還是最愛越南

近期小編的公司有位員工做滿4年又330天,完成了四年又11個月,依照印度酬金法,做滿五年不論你是被資遣、自願離職或因病無法工作,都要給予一定的酬金,有點類似台灣資遣費或越南的退職金概念,唯一不同的是自願離職也是有給~~

 

計算的公式如下:

基本薪資/2*服務年限。

但依照印度酬金法,未滿五年也是可以領的只要你符合下列資格:

1.如果是週工作五天的型態,只要工作滿4年又190天就可以領

2.如果是週工作六天的型態,只要工作滿4年又240天就可以領

在這裡的天是指日曆天,不是工作天唷!

而在法規上的服務年限只要員工做滿上述兩點之一,都是以5年來計算。

Gratuity Eligibility in India

To be eligible for gratuity, an employee must fulfil the following criteria:

  • The minimum service for gratuity is five years.
  • These five years of service should not have any gaps or interruptions.
  • The employee should be a fit candidate for the company’s superannuation or pension program.
  • The employee must resign or retire.
  • An employee can claim a gratuity before five years if they suffer from critical illness or a disability due to an accident.
  • A nominated family member can claim the amount if the employee dies during the work tenure.
  • Gratuity Eligibility of an Employee Who Has Worked for Less Than 5 Years in a Company

    Generally, employees of a company receive gratuity after 5 years of service. However, many do not know about the exceptions and provisions incorporated in the Gratuity Act that enable an employee to claim gratuity even if their tenure is for 4.8 years or less.

    Suppose you want to switch to a more promising job opportunity. You expect to receive a gratuity from your current employer for your years of commitment. However, the company denies the benefit, saying the minimum years of service to receive gratuity must be 5 years, and yours is comparatively shorter.

    In such a scenario, you can contend your claim to gratuity referencing the law that governs gratuity.

    Three conditions determine gratuity eligibility according to the Gratuity Act.

    • First, to receive gratuity, the minimum years of service for an employee should be five years before embarking on their departure.
    • Second, if the company’s workweek includes 5 days, gratuity eligibility years become 4 years and 190 days.
    • Third, if the company follows a 6-day workweek, you can claim gratuity after servicing the company for 4 years and 240 days.

 

 

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