Dear All,

I have been working in an MNC for the last five years, and now I am going to resign with immediate effect, serving a short notice period. My date of joining is 14.03.2008, and I have submitted my resignation on 15.2.2013, with a notice period up to 15.03.2013.

Could you please confirm my eligibility for gratuity and provide your suggestions on the same? According to my contract, I have a one-month notice period.

Regards,
Hari

From India, Chennai
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Dear [Recipient],

You will be eligible for gratuity in accordance with the Payment of Gratuity Act. There is no need to be worried as you have completed five years of service with the management. You have fulfilled the tenure required for eligibility for gratuity.

Regards,
R. B. Yadav
Advocate

From India, Gurugram
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Hello R B Yadav,

Are you sure the Notice Period is included in the 5-year period for gratuity? I recollect seeing many earlier threads in this forum about some companies not counting or including the Notice Period, i.e., expecting the resignation after the full 5-year term of service.

Regards,
TS

From India, Hyderabad
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As per your statement, you will be eligible for Gratuity as you are likely to complete just 5 years.

With regard to resignation, while your notice period is 1 month and you are serving the notice which is less than 1 month, it will not have any impact on your gratuity eligibility. However, towards short notice, your management might deduct the balance day's period shortfalling one month from your settlement.

Good luck in your future endeavors.

Regards,
B.K. Mohanty
Director
Cypress Management Associates
9937822563

From India, Bhubaneswar
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Dear Mr. Haribabu. P.G,

Here is something that is catchy. Gratuity has nothing to do with the notice period that you serve. It requires the basics, i.e., completion of 5 years of continuous service in the same organization. You're all the most eligible in terms as per the sec 4 of the Payment of Gratuity Act, 1972.

From India, Visakhapatnam
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Dear Mr. Hari,

You have already qualified for gratuity as you have 240 working days in your working tenure in the 5th year. Regarding the notice period, the 240 days are actually working days, and the notice period also includes the working days.

Thanks

From India, Ghaziabad
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Dear Hari,

There is no relation between the Notice Period and the mandatory period of five years of service for Gratuity. For Gratuity eligibility, what is counted is the duration between your date of joining and the date of relieving from the organization. Even if it's a day's notice period, if the duration of service is a full five years, you should be eligible for Gratuity.

Hope this helps. Thanks,
Badri

Disclaimer: Views, opinions, suggestions, etc., expressed by me in this and other professional forums are my own. These, in no way, represent or obligate my present, past, and future employers or associates.

From India, Bangalore
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Dear sir, My self Subramanyam working as HR Assiastant in manufacturing industry.. How we will calculate the gratuity & wat basies . Thanks & Regards, Subramanyam Mobile no- 09912116211
From India
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Dear Subramanyam, gratuity is calculated on basic + da and payable to only those who have completed 5 year of service. thanks & regards, from, sumit kumar saxena
From India, Ghaziabad
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Dear Subramanyam As per the Gratuity act the calculation is Basic pay * No of years served /15 For more details pl contact Laxmi 9866917232
From India, Hyderabad
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