I am working in the one IT company since May 12, 2010, and I have resigned on January 24, 2015. My last day with the company will be March 24, 2015. As of today, I have completed 4 years and 9 months. We have a 5-day workweek. Am I eligible for gratuity? I have read various blogs, and some indicate that I am eligible. If I am indeed eligible, could you please assist me in obtaining the relevant legal documents confirming my eligibility? How should I proceed to provide this information to the HR team? Your help is greatly appreciated!
From India, Ahmedabad
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1From India, Ahmedabad
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Yes, you are 100 percent eligible. No doubt in that.
I also had completed 4 years and 8 months in my last company, but the company was initially denying to give me gratuity. Later, they gave me the gratuity when I produced some legal documents to them.
From India, Bangalore
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I also had completed 4 years and 8 months in my last company, but the company was initially denying to give me gratuity. Later, they gave me the gratuity when I produced some legal documents to them.
From India, Bangalore
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Dear Djoshi26, If I am your past employer, I would have not paid you the Gratuity unless you were subjected to judiclature of Madras HC. This subject is discussed earlier many times in this forum.
From India, Mumbai
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From India, Mumbai
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Dear friend,
If you have completed more than 5 years, let's say 6 years and 7 months, then you will be considered as having completed 7 years for gratuity calculation. Keep in mind that you should have continuous service without any break for 5 years. If so, you are eligible for gratuity.
- B. Sekar
From India, Chennai
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If you have completed more than 5 years, let's say 6 years and 7 months, then you will be considered as having completed 7 years for gratuity calculation. Keep in mind that you should have continuous service without any break for 5 years. If so, you are eligible for gratuity.
- B. Sekar
From India, Chennai
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5 years of service is a must. Please use this link for calculations: Gratuity Calculator: Online Gratuity Calculator to find the Gratuity
From India, Chennai
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From India, Chennai
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But in some section i have read of Act it is mention that 240 days is fine . In definition of continuous service it is mention they mention like this.
From India, Ahmedabad
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From India, Ahmedabad
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Dear gratuity is completed after 4yr 6 month and your working period is more than this so you are surely ok for it
From India, Delhi
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From India, Delhi
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Based on some of the judicial pronouncements, if any employee completed 4 years and 240 days of physical working days in 5 th year , he is eligible for gratuity.
From India, Bangalore
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From India, Bangalore
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Dear Friends who are of opinion that Gratuity is payable even though the employees have not completed 5 years service, May I request you Sirs, supportings for your say?
From India, Mumbai
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From India, Mumbai
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Dear Manan,
You are eligible for gratuity. As per law, it is 4 years and 240 working days. When we say working days, it means 240 days for which you have received a salary irrespective of 5 or 6 days working in the week. Many employers and even human resource personnel deny giving out because of non-awareness of this fact of 4 years 240 days. Even in this posting, you will find people posting you as non-eligible. Don't worry if your employer says no; then please write to me at harpreet.walia@live.com to get the ruling copy, which supersedes all.
Regards,
Harpreet Walia.
From India, New Delhi
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You are eligible for gratuity. As per law, it is 4 years and 240 working days. When we say working days, it means 240 days for which you have received a salary irrespective of 5 or 6 days working in the week. Many employers and even human resource personnel deny giving out because of non-awareness of this fact of 4 years 240 days. Even in this posting, you will find people posting you as non-eligible. Don't worry if your employer says no; then please write to me at harpreet.walia@live.com to get the ruling copy, which supersedes all.
Regards,
Harpreet Walia.
From India, New Delhi
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx