Hi Friends, I have served a company for 4.9 years and resigned from that company. Am I eligible for Graduity in that company? Thanks, Kumaresan P
From Australia
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From Australia
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The answer is NO , One need to complete 5 years in the organisation to get gratuity . You could have waited for one more month to be eligible for Gratuity
From India, Hyderabad
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From India, Hyderabad
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hi, you will get gratuity, actually after completing 4years 6months, it is consideres as 5years, here in karnataka we are paying out the same.
From India, Bangalore
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From India, Bangalore
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Hi As per the rules we have to pay the gratuity who ever completes 4 years and six month of services.
From India, Bangalore
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From India, Bangalore
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Dear Friend, if you have not completed 5 years in service but you have completed 240 paid days (Present+OD+All paid leaves+NF+NH) in fifth year then you have to elgible for graduity.
From India, Ludhiana
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From India, Ludhiana
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Dear Mr Kumarsen As per Law you are not eligible for Gratuity however if some organisation wants to pay Gratuity for less than 05 years, The Act / law will not have objection. Regards, N N Tiwari
From India, New Delhi
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10From India, New Delhi
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dear rekhamadhu, this rule will be implemented after 5 years. for e.g 5 years 6 months or above... not less than 5 years.
From India, Ludhiana
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From India, Ludhiana
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Hi,
As per the law, a person who has completed 5 years of continuous service is eligible for Gratuity or 6 months' leave. This means that if there are 6 months remaining to complete 5 years of service, the individual is still eligible for the payment of Gratuity, i.e., from 4 years 6 months onwards up to 5 years of service.
Regards,
S S Daware
From India, Pune
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As per the law, a person who has completed 5 years of continuous service is eligible for Gratuity or 6 months' leave. This means that if there are 6 months remaining to complete 5 years of service, the individual is still eligible for the payment of Gratuity, i.e., from 4 years 6 months onwards up to 5 years of service.
Regards,
S S Daware
From India, Pune
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Hello All,
If an employee completes 4 years and more than 6 months in the fifth year only, then he will be eligible for gratuity. He can claim the amount of gratuity from the employer according to the Gratuity Act.
Thanks,
Parduman Kumar Sharma
From India, Delhi
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If an employee completes 4 years and more than 6 months in the fifth year only, then he will be eligible for gratuity. He can claim the amount of gratuity from the employer according to the Gratuity Act.
Thanks,
Parduman Kumar Sharma
From India, Delhi
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Hi,
As per the Gratuity Act, one should have at least five years of continuous service to be eligible to receive gratuity. However, the decision on the period is a prerogative of the company to decide and announce. So, please check with your HR department or management.
Regards, VM007
From India, Chandigarh
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As per the Gratuity Act, one should have at least five years of continuous service to be eligible to receive gratuity. However, the decision on the period is a prerogative of the company to decide and announce. So, please check with your HR department or management.
Regards, VM007
From India, Chandigarh
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Dear Kumaresan,
You are not entitled to gratuity as you did not complete the minimum required years of service as stipulated under the Gratuity Act. To be eligible for gratuity, you must first complete 5 years of continuous service, during which you should have worked for not less than 240 days in each year, subject to the exceptions granted under the act.
Some of our colleagues seem to be confused and are under the misconception that serving 4 years and 6 months is sufficient to qualify for gratuity. This is a completely erroneous concept. In reality, gratuity is only payable after completing a full 5 years of service, and if an individual completes 6 months of service beyond the 5 years, then they should be paid gratuity for six years.
Regards,
NVRao
Hyderabad
From India, Hyderabad
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You are not entitled to gratuity as you did not complete the minimum required years of service as stipulated under the Gratuity Act. To be eligible for gratuity, you must first complete 5 years of continuous service, during which you should have worked for not less than 240 days in each year, subject to the exceptions granted under the act.
Some of our colleagues seem to be confused and are under the misconception that serving 4 years and 6 months is sufficient to qualify for gratuity. This is a completely erroneous concept. In reality, gratuity is only payable after completing a full 5 years of service, and if an individual completes 6 months of service beyond the 5 years, then they should be paid gratuity for six years.
Regards,
NVRao
Hyderabad
From India, Hyderabad
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Hi,
As per the Gratuity Act, it is not applicable to you. It is a benefit given by the Act and the employer to you, so the limit will be 5 years, which you have to complete.
I have advice, and as per the act, it is also the same. There should be no more confusion about this topic.
Thanks,
Murali
From India, Bangalore
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As per the Gratuity Act, it is not applicable to you. It is a benefit given by the Act and the employer to you, so the limit will be 5 years, which you have to complete.
I have advice, and as per the act, it is also the same. There should be no more confusion about this topic.
Thanks,
Murali
From India, Bangalore
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Yes you are eligible for getting the Gratuity — just when u cover 4 years and 6 Months+1 day ...u are entitle for the gratuity this is legal, and affirmative Regards Raj Thaker
From India, Mumbai
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From India, Mumbai
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As per the Payment of Gratuity Act, completion of five years of continuous service is mandatory. A year is considered continuous when 240 days of work are performed. Similarly, any fraction of a year more than six months shall be taken as a year for deciding the amount of gratuity. Therefore, an employee who has worked for five years, six months, and a day will be eligible for gratuity for six years. However, this does not imply that all six months shall equate to one year.
In the case of P Raghavalu & Sons Vs. Addl. Labour Court, AP, it was established that a service of 4 years, 11 months, and 10 days would not make an employee eligible for gratuity. Conversely, in the Mettur Bearsell's case, the Madras High Court ruled that an employee who has worked for at least 240 days in the fifth year shall be entitled to receive gratuity. Consequently, establishments in Tamil Nadu are anticipated to provide gratuity to employees who have worked for 4 years and 240 days in the fifth year. However, since this is a High Court ruling, it may not have any implications in other states.
Even if we adhere to this ruling, six months and a day will not be adequate to fulfill the requirement of 240 days of work in the fifth year.
Regards,
Madhu.T.K
From India, Kannur
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In the case of P Raghavalu & Sons Vs. Addl. Labour Court, AP, it was established that a service of 4 years, 11 months, and 10 days would not make an employee eligible for gratuity. Conversely, in the Mettur Bearsell's case, the Madras High Court ruled that an employee who has worked for at least 240 days in the fifth year shall be entitled to receive gratuity. Consequently, establishments in Tamil Nadu are anticipated to provide gratuity to employees who have worked for 4 years and 240 days in the fifth year. However, since this is a High Court ruling, it may not have any implications in other states.
Even if we adhere to this ruling, six months and a day will not be adequate to fulfill the requirement of 240 days of work in the fifth year.
Regards,
Madhu.T.K
From India, Kannur
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hi you are eligible for bonus as per the decision from the chennai highcourt even 4 years and 06 months if completed also can treat as completed year of service .. Nimesh Paul Stringz Cochin
From India, Kochi
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From India, Kochi
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dear friend, you have to complete 4 year and atleast 10 month. than u can claim for graduity.
From India, Bhopal
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From India, Bhopal
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Dear Shri Kumaresan Ji,
Shri Madhu T. K., the Board Moderator, has made things crystal clear. While some members have expressed opinions in the affirmative, some have given negative replies. I, therefore, request you to please file an application with your former employer for the payment of gratuity for 4 years and 9 months of services rendered by you. Whenever you receive it, please do not forget to post the news with details on this forum for the information of all concerned. Your experience would be noted as a precedent by all concerned, both the employees who have to leave their job before actually completing the 5-year duration (short of a few days or months) as well as academicians. Best of luck.
From India, Pune
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Shri Madhu T. K., the Board Moderator, has made things crystal clear. While some members have expressed opinions in the affirmative, some have given negative replies. I, therefore, request you to please file an application with your former employer for the payment of gratuity for 4 years and 9 months of services rendered by you. Whenever you receive it, please do not forget to post the news with details on this forum for the information of all concerned. Your experience would be noted as a precedent by all concerned, both the employees who have to leave their job before actually completing the 5-year duration (short of a few days or months) as well as academicians. Best of luck.
From India, Pune
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Hi Kumaresan, you will not be eligible for gratuity as you have not completed the basic requirement i.e. you have not completed 5 years. GOD BLESS regards
From India, Mumbai
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From India, Mumbai
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dear seniors i want to know that gratuity count by which method & calculation. pls. help me.
From India, Nalagarh
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From India, Nalagarh
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Less than 5 years service - Eligibility for payment of gratuity.pdf