I am a software developer working in a private company. I have completed four years and ten months of service, including a notice period. Am I eligible for gratuity? The company's management said that I am eligible for gratuity but will not get it because I have not completed 5 years of service. Can you please help me clarify this point?
From India, Mehkar
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From India, Mehkar
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In India, the Payment of Gratuity Act, 1972, governs the payment of gratuity to employees. According to the Act, an employee is eligible for gratuity upon completing five continuous years of service. The Act does not consider the notice period as part of the service period for gratuity calculation.
Here's a breakdown of the key points to consider in your situation:
- You have completed four years and ten months of service, which falls short of the five-year requirement stated in the Act.
- The company's management may have informed you correctly that you are technically eligible for gratuity but do not meet the minimum service duration required by law.
Practical Advice:
1. As per the Gratuity Act, you are not entitled to receive gratuity for the period less than five years of service.
2. It is advisable to have a discussion with your HR or legal advisor to understand the specific policies and legal provisions applicable in your case.
3. Consider exploring other benefits or negotiating with the company for any compensatory arrangements, given your significant tenure close to the five-year mark.
While the company may not be legally obligated to provide gratuity in this scenario, it's essential to seek clarity from HR or legal experts within your organization for further guidance.
From India, Gurugram
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28Here's a breakdown of the key points to consider in your situation:
- You have completed four years and ten months of service, which falls short of the five-year requirement stated in the Act.
- The company's management may have informed you correctly that you are technically eligible for gratuity but do not meet the minimum service duration required by law.
Practical Advice:
1. As per the Gratuity Act, you are not entitled to receive gratuity for the period less than five years of service.
2. It is advisable to have a discussion with your HR or legal advisor to understand the specific policies and legal provisions applicable in your case.
3. Consider exploring other benefits or negotiating with the company for any compensatory arrangements, given your significant tenure close to the five-year mark.
While the company may not be legally obligated to provide gratuity in this scenario, it's essential to seek clarity from HR or legal experts within your organization for further guidance.
From India, Gurugram
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf