Hai Kirti Only after completing five years above six month is rounded off to one year. Mano Kavin
From India, Coimbatore
5From India, Coimbatore
He can availed gratuity even if did not complete 5 years of service. Only thing is he should complete 240 days in lasy year, i.e. 5th Year. Apart from this if management decides to pay the gratuity even after 4 years, can be possible only sanction of trustee is required, this amount is paid from the funds available with the provider/ or the fund manager. This is ofcorse in a normal conditions of employee departure
From Singapore, Singapore
From Singapore, Singapore
No,He will not eligible for gratuity. As per act employee has to continue 5 years of service in the same organization. Regards Charvaka Reddy
From India, Hyderabad
From India, Hyderabad
Minimum 5 years. However rounding of 6 months to 1 year after completion of 4 years is debatable.
From India, Chennai
From India, Chennai
From Employer intrepretation:
If 5 year rule is not met, they are not paying gratuity. They say 240 day rule is applicable after 5 years but that is not mentioned in the Act.
Employee Intrepretation:
Since 240 days covered in 5th year as per clause 5 years of continuous service ( Continuous service means minimum 240 days each year) he should be entitled.
It seems many people have faced this issue. Can some authority be approached who is the owner of the Act explain what is the exact interpretation ?
As of now, employers are enjoying the 5 year rule in their favor. Even for 4 years 11 months 29 days they will not pay gratuity.
From India, Gurgaon
If 5 year rule is not met, they are not paying gratuity. They say 240 day rule is applicable after 5 years but that is not mentioned in the Act.
Employee Intrepretation:
Since 240 days covered in 5th year as per clause 5 years of continuous service ( Continuous service means minimum 240 days each year) he should be entitled.
It seems many people have faced this issue. Can some authority be approached who is the owner of the Act explain what is the exact interpretation ?
As of now, employers are enjoying the 5 year rule in their favor. Even for 4 years 11 months 29 days they will not pay gratuity.
From India, Gurgaon
If any employee work for 4 years and 240 working days in the 5th year,he is eligible for Gratuity.He/She neednot work for full term of 5 years.
There are few court judgements are there on it.
Regards
Ramana reddy.C
Head-HR,Nitesh Group.
From India, Bangalore
There are few court judgements are there on it.
Regards
Ramana reddy.C
Head-HR,Nitesh Group.
From India, Bangalore
Any Employee is eligible for Gratuity after 05 Years of Continuous service, not before that.
Round off to 1 year after 06 months is eligible only after 05 years of services. for example, you can count 06 years if service period is 05 Years and 07 months. But you can not count 05 years if service period is 04 years and 11 months also.
Naveen
From India, New Delhi
Round off to 1 year after 06 months is eligible only after 05 years of services. for example, you can count 06 years if service period is 05 Years and 07 months. But you can not count 05 years if service period is 04 years and 11 months also.
Naveen
From India, New Delhi
Employers are not considering previous Court Judgements. Act has to clearly mention that, then only they would consider.
Employee can't do anything. If he has courage and patience take legal help. Otherwise just forget it.
I believe previous court adustments are not the exact same issue, in one of the case employee was fired before 5 years so he could not take gratuity. So may be in that case Court Favoured the employee.
From India, Gurgaon
Employee can't do anything. If he has courage and patience take legal help. Otherwise just forget it.
I believe previous court adustments are not the exact same issue, in one of the case employee was fired before 5 years so he could not take gratuity. So may be in that case Court Favoured the employee.
From India, Gurgaon
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc