To: Mr.Madhu T.K.Sir,I face a case regarding gratuity in my company.One employee left his on completion of his service period for 4 years 9 months.As per order of Kerol Highcourt (the paper is not with me) any body is eligible for gratuity after completion for 4 years 8months .Is is right ? Please help me in this matter.Regards,Swarnali Banerjee
From India, Madras
3From India, Madras
Hi this question is little typical. as per gratuity act 5 years service is must for getting benifit of gratuity.however u are correct as some judgements have come in this regard,if someone has completed 240 days in fifth year he becomes eligible for gratuity but no amendement is made in act . in my view he is not eligible for gratuity. tks®ards j s malik
From India, Delhi
From India, Delhi
No, he is not eligible for gratuity. Employees are eligible for gratuity only on completion of 5 yrs as per law. Any period after 5 yrs is rounded off and considered for the purpose of calculation. If the employee leaves the organisation after putting in service of 6 yrs and 7 months, then for the purpose of gratuity calculation it will be considered as 7 yrs. If he leaves the organisation before 5 yrs of completion of service, he is not eligible for gratuity. Say, he leaves after putting in service of 4 yrs 11 mths he will still not be eligible as per the law. This is exceptional only in case of death.
Dear As far as grautity is concern it is minimum 5 years of continious service is required. on Completion five years the employee is eligible. The criteria is of minimum he should have worked atleast 240 days in all the five years to claim the eligibility to gratuity. I hope it has cleared the doubts of 240 days of working in 5th year. Regards Prabhakar Rao.M
From India, Delhi
From India, Delhi
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc