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Gratuity eligibility
1 year ago
I am completing 4 years 8 months in a company and last day is 28th Nov 2022 and joining date was 28th March 2018.
Am I eligible for gratuity ? please confirm.
A.Dear Sir,
4years 240 days is enough for claiming gratuity.
https://www.linkedin.com/pulse/employee-benefits-india-payment-gratuity-what-himachali-gphr/
https://www.linkedin.com/pulse/gratuity-required-complete-5-years-continuous-service-rahul-kumar/
\\\"As per Madras High Court judgement in a case of Mettur Beardsell Limited [represented by its Personal Manager], Madras v/s Regional Labour Commissioner [Central Authority under the Payment of Gratuity Act, 1972], Madras, it has been stated that if an employee has rendered continuous service of 240 days in the fifth year of service then for the purpose of calculation of gratuity, it must be considered as if he has completed FIVE years of continuous service.\\\"
4years 240 days is enough for claiming gratuity.
https://www.linkedin.com/pulse/employee-benefits-india-payment-gratuity-what-himachali-gphr/
https://www.linkedin.com/pulse/gratuity-required-complete-5-years-continuous-service-rahul-kumar/
\\\"As per Madras High Court judgement in a case of Mettur Beardsell Limited [represented by its Personal Manager], Madras v/s Regional Labour Commissioner [Central Authority under the Payment of Gratuity Act, 1972], Madras, it has been stated that if an employee has rendered continuous service of 240 days in the fifth year of service then for the purpose of calculation of gratuity, it must be considered as if he has completed FIVE years of continuous service.\\\"
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Subhashis Paul
Responded 1 year ago
A.According to the Gratuity Act, 1972 an employee is liable to get Gratuity only after completion of 5 (Five) years in an organisation. Since you are completing only 4 years and 8 months therefore you shall not be eligible for claiming gratuity as per the provision of law.
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