There is a guy. He joined on 1 Feb 2019 and left on November 16, 2023.
1 Feb 2019 to Jan 2020, he completed 240 days.
1 Feb 2020 to Jan 2022, he completed 240 days.
1 Feb 2022 to Jan 2023, he completed 240 days.
1 Feb 2023 to 16 Nov 2023, he completed 240 days.
So, he is completing 5 years, will he get gratuity?
From India, Boisar
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1 Feb 2019 to Jan 2020, he completed 240 days.
1 Feb 2020 to Jan 2022, he completed 240 days.
1 Feb 2022 to Jan 2023, he completed 240 days.
1 Feb 2023 to 16 Nov 2023, he completed 240 days.
So, he is completing 5 years, will he get gratuity?
From India, Boisar
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You strictly follow the Payment of Gratuity Act, completion of five years is required to get gratuity. However, following verdicts from Madras High Court and Kerala High Court which direct payment of gratuity to an employee who has completed four years and 240 days in the fifth year, many establishments do pay it. In the absence of a similar direction or interpretation of the Act by the Supreme Court or amendment to the Act, the entitlement to Gratuity remains completion of five years, not a day less than five years.
I have also seen an establishment having placed in their service conditions. Obviously, when you have four years and 240 days in the fifth year as eligible service for gratuity in the employee manual/service conditions as per appointment order, the same will be applicable to that organization.
From India, Kannur
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4765I have also seen an establishment having placed in their service conditions. Obviously, when you have four years and 240 days in the fifth year as eligible service for gratuity in the employee manual/service conditions as per appointment order, the same will be applicable to that organization.
From India, Kannur
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc