Hi,
I know any person is eligible for gratuity only when he has completed 5 continuos years in an organisation.
Now, my query is that if anyone is resigning from his company after completing 4 years and 10 months, and his notice period is 2 months then if he is serving the notice period and his 5 years will completed only while considering those 2 months of notice period, will he be eligible for gratuity?
Please advise!!
-Gaurav

From India
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Hi Gaurav,
Yes he will be eligible for gratuity as he has completed his 5 yrs. of service. While calculating his gratuity, 5 yrs. are considered from his date of joining the company till the date he finally left.
Rgds,
Jyoti Negi

From India, Delhi
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Hello Gaurav If an employee has completed his 4 years and 240 days he is eligible to get gratuity. Pl . find the attched judgement of the Madras High court. regards, Parvez Pasta PSL Ltd.
From India, Ahmadabad
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dear gaurav he will be eligible for gratuity after completion of 5 yaers of sevice. tks j s malik
From India, Delhi
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Hi Gourav
If any employee completed his/her 5 years of contineous service, he is eligable to get gratuity as per the law but recent changes in the act modified as who completed 4 years and 240 days service in the oraganisation ( including layoff. leave with wages. sick leave). hHe/She highly eligable to get Gratuity

From India, Bangalore
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Dear Seniors,

Please kindly clarify my doubts on gratuity issue.
  • Date of joining means actual date of join or after completion of probation period date ?
  • Is 240 days taken for eligibility after deducting leaves?
  • What is the formula for Gratuity ? and,
  • Is there any upper limit for benefit amount?


Thanks in advance



Regards

Anil

From India, Hyderabad
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Dear Anil
Please find the answer of your qurey in Blue color
  • Date of joining means actual date of join or after completion of probation period date ? - Actual Date of joining
  • Is 240 days taken for eligibility after deducting leaves? - With Leave
  • What is the formula for Gratuity ? - Wages/26 * 15 * year of service
  • Is there any upper limit for benefit amount?- No upper limit but 3,50,000 is tax free and above that limit taxable

From India, Kota
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