hi, According the gratiuty act, those who complete the period of 5 years are eligible for getting gratiuty. Vairavan
From India, Coimbatore
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Dear Friend,

You are entitled to get gratuity if you have worked for 240 days in the 5th year. On completion of 240 days, you are entitled to gratuity for that completed year of service, as clearly defined in the Gratuity Act. Please read the definition of a COMPLETED YEAR OF SERVICE.

Thank you,
Mahesh Pandey

From India, Calcutta
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There is a supreme court ruling for the same. Basis that, you currently stand eligible for your Gratuity.
From India, Mumbai
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Dear friend,

Don't be afraid. It is your employer's responsibility to award you gratuity as you have completed 4 years + 240 days. In the 5th year, the completion of 240 days can be considered as the completion of one year. In such disputes, all judgments have been awarded in favor of the employee. The incomplete remaining one month can't cease your gratuity period.

You don't need to beg your HR to extend the staying period until completion of 5 years. It is your right, friend.

Best,
Sathish


From India, Jaipur
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if the person is having some 40 leaves in his/her account in the time of re-leaving then will these days be consider in gratuity as 240 days..
From India, Delhi
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Dear Member,

No, we are not to count the accumulated EL in actual working days. If the employee was on leave with wages earned in the previous year, then those days are to be considered as the number of actual working days for counting in 240 days actual working. (sec.2A)

Regards,
R.N.Khola


From India, Delhi
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You are eligible for gratuity, check the attached document.
From United States, Saint Paul
Attached Files (Download Requires Membership)
File Type: pdf Gratuity - Madras HC judg[1][1][1]..pdf (1.55 MB, 91 views)

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Hi Chanti, Don’t Worry, you will get the Gratuity Since you have completed 4 years and 8 months(240days).... Also the labour Court will support your claim in this matter.. Regards, Anand
From India, Bangalore
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Refer Hyderabad high court judgment..gratuity was paid on 4 yrs and 240 days Madras high court also passed similar judgment
From India
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