Gratuity at 4.7years under company relocation
1 year ago
HiI have been working for a private company - SleepyCat for 4.6 years. My joining date is 6th Oct 2018. But we got to know and it was informed to us in Jan 2023 that the company is relocating to Gurgaon and we were given two options naturally either to relocate with the company or resign. I chose the latter and am planning to formally resign in April considering my 2 months notice which will end on May 31st. I want to know if I can challenge or claim gratuity for 4.7yrs of employment with the company under the above scenario or circumstance as I am left with no option but to discontinue with the company due to personal reasons. ( with no job offer at hand)Please help so I can tender my resignation and approach the firm legally.
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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