Dear Avinash,
My reply to your queries in seriatim is as follows:
1) If I quit my current company as of today, will I be eligible for Gratuity? (4 years 10 months as of today) - Since you have claimed that you have rendered continuous service of 4 years & 10 months as of today, then there is no problem in the claim of your payment of gratuity, as the Madras High Court judgment will come to your rescue (Copy Attached). But you must ensure that you have rendered a continuous service of one year in all the years. The Payment of Gratuity Act speaks about continuous service of 5 years for the claim of gratuity.
2) Will the notice period also be considered as part of gratuity? - Normally, the notice period is considered as part of service unless the management contests it.
BS Kalsi
Member since Aug 2011
From India, Mumbai
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474My reply to your queries in seriatim is as follows:
1) If I quit my current company as of today, will I be eligible for Gratuity? (4 years 10 months as of today) - Since you have claimed that you have rendered continuous service of 4 years & 10 months as of today, then there is no problem in the claim of your payment of gratuity, as the Madras High Court judgment will come to your rescue (Copy Attached). But you must ensure that you have rendered a continuous service of one year in all the years. The Payment of Gratuity Act speaks about continuous service of 5 years for the claim of gratuity.
2) Will the notice period also be considered as part of gratuity? - Normally, the notice period is considered as part of service unless the management contests it.
BS Kalsi
Member since Aug 2011
From India, Mumbai
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