Eligibility of gratuity after working of 4years and 194 days
4 years ago
I have resigned from a pvt. ltd. company after working of 4 years and 194 days. am i eligible for gratuity. if yes, then what tenure will be considered while calculating the gratuity.
Shreyash Mohta
Responded 4 years ago
A.Sir,
The normal period is "after completion of 5 years"
However, completing 6 months or more is said to be converted to an year. Hence in your case you shall be eligible.
Furthermore, According to Sec 2A of the act,
They have divided such period into completion of
1. 190 days in case the company has a period of 5 day weekly policy AND
2. 240 days in case the company has a period of 6 day weekly policy
In the light of the above you are entitled to get compensation as you have completed 4 years and 194 days
However, if your company has a period of 6 day weekly policy, then, you need to complete a minimum of 240 days.
Thanks
The normal period is "after completion of 5 years"
However, completing 6 months or more is said to be converted to an year. Hence in your case you shall be eligible.
Furthermore, According to Sec 2A of the act,
They have divided such period into completion of
1. 190 days in case the company has a period of 5 day weekly policy AND
2. 240 days in case the company has a period of 6 day weekly policy
In the light of the above you are entitled to get compensation as you have completed 4 years and 194 days
However, if your company has a period of 6 day weekly policy, then, you need to complete a minimum of 240 days.
Thanks
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Gabbar Parmar
Replied 2 years ago
240 are working days Or calendar days
A.Dear Saurabh,
As per section 4 of the payment of Gratuity Act you are edible for gratuity if an employees have rendered continuous service for more less than 5 years.
As per section 2A An employees is said to be in continuous service of one year if the employee have completed 190 days in case of 5 day week working company and 240 days in case of 6 days week working company.
Hence in your case you are eligible if your company is a 5 days a week working company.
If you are a 6 days a week working company then you are not eligible.
Regards,
Shameel
LabourNET Law Consultancy
As per section 4 of the payment of Gratuity Act you are edible for gratuity if an employees have rendered continuous service for more less than 5 years.
As per section 2A An employees is said to be in continuous service of one year if the employee have completed 190 days in case of 5 day week working company and 240 days in case of 6 days week working company.
Hence in your case you are eligible if your company is a 5 days a week working company.
If you are a 6 days a week working company then you are not eligible.
Regards,
Shameel
LabourNET Law Consultancy
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ASHISH SAMAL
Responded 4 years ago
A.yes you are eligible for Gratuity , as per the Gratuity Act if you completed 4 years 6 month (180 days), it will be consider as 5 years
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Suneel Moudgil
Responded 4 years ago
A.the time period of over six months or more is considered as one year.
therefore, you are eligible
therefore, you are eligible
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Pavan kumar Gudipati
Responded 4 years ago
A.You have to complete minimum 5 years for Eligibility for Gratuity. So as per question, you are not completed, so you will not get. But few companies, may grant after 4 years,if they decided as so. That is for company decision. If above 5 years, every company has to give. That is Legal requirement.
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Suneel Moudgil
Responded 4 years ago
A.You are eligible,
5 years
5 years
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A.Dear Sir,
Normally 5 years is the minimum period to get Gratuity.
Normally 5 years is the minimum period to get Gratuity.
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