Hi,
I have completed 3 years in the same organization; however, I was on leave without pay for 2 months as I was on maternity leave (3 months paid by the organization + 2 months extra without pay). My question is how my gratuity days will be calculated. Would it be 5 years from the day I joined the organization or 5 years + 2 months?
From United States, Chicago
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I have completed 3 years in the same organization; however, I was on leave without pay for 2 months as I was on maternity leave (3 months paid by the organization + 2 months extra without pay). My question is how my gratuity days will be calculated. Would it be 5 years from the day I joined the organization or 5 years + 2 months?
From United States, Chicago
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Hi,
I have completed 4 years and 9 months in the company and have resigned from it. My company refuses to pay me my gratuity as they say that these 240 days are counted as working days only, and no Sundays or any leave taken into account.
Please advise.
Regards,
Pankaj
From India, Muzaffarpur
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I have completed 4 years and 9 months in the company and have resigned from it. My company refuses to pay me my gratuity as they say that these 240 days are counted as working days only, and no Sundays or any leave taken into account.
Please advise.
Regards,
Pankaj
From India, Muzaffarpur
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Dear Kamal,
I have completed 3 years in the same organization; however, I was on leave without pay for 2 months as I was on maternity leave (3 months paid by the organization + 2 months extra without pay). My question is how my gratuity days will be calculated. Would it be 5 years from the day I joined the organization or 5 years + 2 months?
Thanks!
From United States, Chicago
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I have completed 3 years in the same organization; however, I was on leave without pay for 2 months as I was on maternity leave (3 months paid by the organization + 2 months extra without pay). My question is how my gratuity days will be calculated. Would it be 5 years from the day I joined the organization or 5 years + 2 months?
Thanks!
From United States, Chicago
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Dear Guest,
The Payment of Gratuity Act, 1972 prescribes five years of continuous service for being eligible for the payment of gratuity. Since there is no break in service for a two-month duration on account of postnatal leave without pay, you are eligible for gratuity from the date of your joining, including the period of postnatal LWP. However, the calculation of the qualified period of service would certainly differ, but it would not affect your amount of gratuity as any period in excess of six months is to be rounded off to the next full year. So, the actual period of qualified service of 4 years and 10 months would be rounded off to 5 years. Mothers may avail of any kind of leave after delivery for the welfare of the newborn, and such postnatal leave is universally recognized as leave on a valid ground. I see no hurdle in your getting gratuity if you are planning to leave the job immediately after completing 5 years of duration, including maternity leave + postnatal leave without pay.
Thanks & regards,
From India, Pune
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30The Payment of Gratuity Act, 1972 prescribes five years of continuous service for being eligible for the payment of gratuity. Since there is no break in service for a two-month duration on account of postnatal leave without pay, you are eligible for gratuity from the date of your joining, including the period of postnatal LWP. However, the calculation of the qualified period of service would certainly differ, but it would not affect your amount of gratuity as any period in excess of six months is to be rounded off to the next full year. So, the actual period of qualified service of 4 years and 10 months would be rounded off to 5 years. Mothers may avail of any kind of leave after delivery for the welfare of the newborn, and such postnatal leave is universally recognized as leave on a valid ground. I see no hurdle in your getting gratuity if you are planning to leave the job immediately after completing 5 years of duration, including maternity leave + postnatal leave without pay.
Thanks & regards,
From India, Pune
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Hi,
Please note that to claim gratuity, 5 years should be completed. If you have completed more than 6 months in addition to the 5 years, it will be counted as 1 year, meaning if you have completed 5 years & 7 months, you will get gratuity for 6 years.
Thanks,
Rajvir Singh Beniwal
HRD Manager
From India, Delhi
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Please note that to claim gratuity, 5 years should be completed. If you have completed more than 6 months in addition to the 5 years, it will be counted as 1 year, meaning if you have completed 5 years & 7 months, you will get gratuity for 6 years.
Thanks,
Rajvir Singh Beniwal
HRD Manager
From India, Delhi
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Dear Seniors, I had worked for a pvt ltd company from 19/02/2010 to 08/11/2014, the working period is 4 yrs 7 month 8 days,am I eligible for gratuity or not? Regards Jagannath Pandit
From India, Mumbai
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From India, Mumbai
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Dear Mr. Rajiv Singh Beniwal,
Your information is appreciated. However, would you please refer to the supportings in Act 1972?
In fact, the Gratuity eligibility as per 1972, if we interpret with respect to Sec 2A "the definition of Continuous Service" and Section 4 "the payment of Gratuity for 5 years Continuous Service" was the basis of the verdict given by Madras HC. If you or any others have any comments, please.
From India, Sirsa
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Your information is appreciated. However, would you please refer to the supportings in Act 1972?
In fact, the Gratuity eligibility as per 1972, if we interpret with respect to Sec 2A "the definition of Continuous Service" and Section 4 "the payment of Gratuity for 5 years Continuous Service" was the basis of the verdict given by Madras HC. If you or any others have any comments, please.
From India, Sirsa
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If the Gratuity Amount comes under Cost To Company or CTC, can this follow Act 1972?
From India, Sirsa
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From India, Sirsa
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Hi,
I have completed 4 years and 8 months (from 01/04/2009 to 17/12/2015). Am I eligible for gratuity? I have gone through an article which says that eligibility for payment of gratuity is 5 years. Quantum of service will be considered a full year if someone has completed 6 months or more than that. Please advise me regarding my eligibility for payment of gratuity.
Thanks,
Leena
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I have completed 4 years and 8 months (from 01/04/2009 to 17/12/2015). Am I eligible for gratuity? I have gone through an article which says that eligibility for payment of gratuity is 5 years. Quantum of service will be considered a full year if someone has completed 6 months or more than that. Please advise me regarding my eligibility for payment of gratuity.
Thanks,
Leena
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Any employee who has completed his 5 years of service in a company is entitled to Gratuity benefits. Additionally, if an employee has completed 4 years and 9 months, they are not entitled to Gratuity. Generally, during the calculation of Gratuity, if an employee has completed 5 years and 6 months, it will be considered as 6 years for rounding off; otherwise, those with less than 5 years are not eligible for Gratuity payment. I hope you find this information helpful. Thank you.
From Kazakhstan, Aktau
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From Kazakhstan, Aktau
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