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aratimundaye
Dear Experts, Please help me in, Is Gratuity is payable to a Employee who has completed 4 Years 7 Months & 7 Days (Joined on 01.08.2009 & Relived on 07.03.2014)? Arati Mundaye
From India, Mumbai
nipuna
72

Hi Arati, for eligibility of gratuity, one need to complete minimum of 5 years not even 1 day less as per date of joining and then only the employee will be for it. hope I have solved your query.
From India, Delhi
jaynarayan.modi
17

Hell Arati,
any employee who has completed 4 years plus minimum 240 days in last year (fifth) is eligible for Gratuity Act, now as per your query, he/she is not eligible for Gratuity payable.
Thank You,
JN Modi

From India, New Delhi
rkn61
625

Hai
The concerned employee must have completed a continuous services of five years, to become eligible to receive payment of gratuity
as per Payment of Gratuity Act.
However, as this is a payment of gratuity, there is no restriction on the part of employer for making payment.
Thanks.
R K Nair

From India, Aizawl
rathodsantosh18@gmail.com
Dear Sir,
Please Send to Notes in The Payment of Gratuity - 1972 for purpose of interview. sir this my mail id --
and my contact number is - 96631 90353...
sir i have already resign my job, and i look for new employer. and my experience 2.1 years
Sir if any H R position are there in your company please contact or mail me .........
Regards,
Santosh Rathod
MOB - 9663190353

From India, Mumbai
KUMARDQS
9

Dear Mr. Arati Mundaye,
As per para 4 of The Payment of Gratuity Act, 1972 an employee become eligible for Gratuity on completion of 5 years continues service.
To calculate one year please refer Para 2A (2) (a).
As per this, If an employee complete 4 yrs 240 days continuous service he is eligible for gratuity.
Regards,
Mohan Kumar

From India, Bangalore
Davinder Paul Sharma
2

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From India, Taramani
arjun.thakur
1

Hi Folks, Greetings for the Day !!!!!!
Can you please let me know how the Gratuity amount will be calculated and how much the employee will be benefited after completion of Gratuity period and still continuing the company..
Thanks & Regards
Arjun Thakur

From India, Madras
9871103011
455

Hi Arati,

Apparently, it looks that the concerned employee is not entitled for the payment of gratuity as the same is payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years.Section 2A (Continuous service) stipules that for the calculations of period of one year, if an employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under an employer for not less than two hundred and forty days in an establishment, which works for not less than six days in a week.In such cases an employee stand eligible for the payment of gratuity. As such you mentioned that concerned employee has completed 4 Years 7 Months & 7 Days The period of 7 Months & 7 Days comes to 217 days. The minimum requirement is 4 years 8 months for the entitlement for the payment of gratuity.As he shortfalls for 23 days, hence shall be missing the benefits.

BS Kalsi

Member since Aug 2011

From India, Mumbai
atreyaravi@gmail.com
7

I am totally agree the views made by J.N.Modi. Also there is a judgement of Mettur Beardsel by the Honourable Supreme Court. Ravi
From India, Mumbai
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