Gratuity Payment Gratuity Payment

2 years ago

I have completed 4Y7M2D (4 Yrs 212 Days) with org in Pune Maharashtra. Org (establishment) works less than 6 days a week. Am I eligible for Gratuity? There are speculations about 4y190d and 4y240d. Section 2A-(2)(a)-(i) in https://clc.gov.in/clc/sites/default/files/PaymentofGratuityAct.pdf says this way.

Anik

Responded 2 years ago

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A.Hi,
S.4 (2) of the Payment of Gratuity Act pronounces that for every completed year in service in excess of six month, the employer shall pay gratuity to an employee. So, if an employee completes 4 years and 6 months of continuous service then he shall be eligible for the payment.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
As far as the Payment of Gratuity is concerned, a person is eligible to receive gratuity only if he has completed five years of service with an organization. These five years must have been continuous and there should not be any gap in the services of the employee.
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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

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A.One can become eligible for gratuity after completion of 5 years of service but gratuity is something which is to be paid by the employer gratuitously and no mandatory for the work done by the employee. As per Section 4 of the Payments of Gratuity Act 1972 the employee has to be in employment for a continuous period of 5 years.

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