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Dear all,

Nowadays, some companies are including gratuity in the CTC calculation. In such cases, if you are appointed and the company has factored in your gratuity in your CTC, you can request it. Otherwise, after completing 5 years of service, it will be applicable to you.

Thanks and regards

From India, Mumbai
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Dear Harpreet ji,

Please share the ruling with the entire forum. My humble request to members is to check the legality with an expert before writing anything in this regard. In this forum, there are a number of threads on this subject in which I have expressed my views with support.

I represent several Corporates and have been advising them that Gratuity is not payable if an employee has not completed 5 years of service (except in TN). I also inform the participants/students of my seminars & lectures.

Members are requested to correct me if I am wrong with convincing support.

From India, Mumbai
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Dear Keshav ji,

You are very much right. Sometimes, members start sharing their experiences which are not correct. If some employer has paid the gratuity before completion of 5 years, it does not mean that the act has been amended. It is appropriate to share the relevant rulings in this forum, based on which they are advising the payment before completion of 5 years.

P K Sharma

From India, Delhi
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In general, if you have considered working days (other than Sat-Sun), then let's standardize 22 working days in a month. So, 240 days divided by 22 working days is 10.9 months, totaling almost 4 years and 11 months. Is this the correct calculation?

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If any employee can complete 4 Years 8 Months 11 days service, Who is eligible for Gratuity As per Gratuity Act. But the employee can complete the above period must. Thanks, Sankar Potala
From India, Pune
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Dear Manan, Please take the printout of the attachement and show it to your employer. I am sure the person will not require any further discussions.
From India, New Delhi
Attached Files (Download Requires Membership)
File Type: pdf gratuity case- 5 year issue reference.pdf (675.0 KB, 473 views)

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Dear Harpreet ji, I started feeling that this is not a right forum in which person like me should share the knowledge. Given case is well discussed in this forum earlier many times.
From India, Mumbai
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Mr. Keshav Korgaonkar Ji, I would request you to please share your knowledge again and correct us as you do in corporate sectors, as per your posting above. Perhaps we will all learn something from you. Moreover, it may be possible that the case which you have discussed many times in this forum is not within our knowledge.

Regarding your feeling of whether this is the right forum for you or not, I think a person can better judge for himself instead of asking for someone else's opinion. We are now derailing ourselves from the topic originally started and posting things that are not required. Thanks.

From India, New Delhi
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Dear Sir, I want to ask that whether obtaining insurance policy is compulsory for the Employer under Payment of Gratuity Act.
From India, Mumbai
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Dear All,

Kindly let me educate you regarding the eligibility and calculation of Gratuity in the situation below. According to the Act, I assume that 5 years of continuous service should be considered for eligibility and 240 days for one completed year based on a 6-day week.

This is a general query: If "X" joined on 01.01.2009 and worked the following days for each calendar year:
- 1st Calendar year: 305 days
- 2nd Calendar year: 300 days
- 3rd Calendar year: 170 days
- 4th Calendar year: 320 days
- 5th Calendar year: 242 days

It is presumed that Mr. "X" has been in continuous service without any breaks. However, he resigned immediately after completing 5 years of service on 02.01.2014.

Under these circumstances, is "X" entitled and eligible for the payment of Gratuity? If yes, to what extent?

Thank you in advance for your guidance.

With regards,
Gwarwade
IR positioned at MNC

From India, Gurgaon
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