Hi, I know any person is eligible for gratuity only when he has completed 5 continuous years in an organization. Now, my query is if anyone is resigning from his company after completing 4 years and 10 months, and his notice period is 2 months, then if he is serving the notice period and his 5 years will be completed only while considering those 2 months of the notice period, will he be eligible for gratuity? Please advise!! -Gaurav
From India
Acknowledge(0)
Amend(0)

Hi Gaurav,

Yes, he will be eligible for gratuity as he has completed 5 years of service. When calculating his gratuity, 5 years are considered from his date of joining the company until the date he finally left.

Regards,
Jyoti Negi

From India, Delhi
Acknowledge(0)
Amend(0)

Hello Gaurav If an employee has completed his 4 years and 240 days he is eligible to get gratuity. Pl . find the attched judgement of the Madras High court. regards, Parvez Pasta PSL Ltd.
From India, Ahmadabad
Attached Files (Download Requires Membership)
File Type: jpg scan0002.jpg (776.2 KB, 179 views)
File Type: jpg scan0003.jpg (886.6 KB, 98 views)

Acknowledge(0)
Amend(0)

dear gaurav he will be eligible for gratuity after completion of 5 yaers of sevice. tks j s malik
From India, Delhi
Acknowledge(0)
Amend(0)

Hi Gourav,

If any employee completes 5 years of continuous service, they are eligible to receive gratuity as per the law. However, recent changes in the act have modified the eligibility criteria to include those who have completed 4 years and 240 days of service in the organization (including layoff, leave with wages, sick leave). Such employees are highly eligible to receive gratuity.

From India, Bangalore
Acknowledge(0)
Amend(0)

Dear Seniors,

Please kindly clarify my doubts on the gratuity issue.

- Date of joining means the actual date of joining or the date after completion of the probation period?
- Is 240 days taken for eligibility after deducting leaves?
- What is the formula for gratuity?
- Is there any upper limit for the benefit amount?

Thanks in advance.

Regards,
Anil

From India, Hyderabad
Acknowledge(0)
Amend(0)

Dear Anil,

Please find the answers to your queries highlighted in blue color.

- Date of joining means the actual date of joining or the date after the completion of the probation period? - Actual Date of joining

- Is 240 days taken for eligibility after deducting leaves? - With Leave

- What is the formula for Gratuity? - Wages/26 * 15 * year of service

- Is there any upper limit for the benefit amount? - No upper limit, but 3,50,000 is tax-free, and above that limit is taxable.

Dear Seniors,

Please kindly clarify my doubts on the gratuity issue.

- Date of joining means the actual date of joining or after the completion of the probation period date?

- Is 240 days taken for eligibility after deducting leaves?

- What is the formula for Gratuity?

- Is there any upper limit for the benefit amount?

Thanks in advance.

Regards,
Anil

From India, Kota
Acknowledge(0)
Amend(0)

Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.







Contact Us Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2025 CiteHR ®

All Copyright And Trademarks in Posts Held By Respective Owners.