There is a guy. He joined on 1 Feb 2019 and left on November 16, 2023.
Gratuity Eligibility
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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Gratuity Eligibility
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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Payment of Gratuity Act Requirements
You strictly follow the Payment of Gratuity Act, where the completion of five years is required to receive gratuity. However, following verdicts from the Madras High Court and Kerala High Court, which direct the 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 an amendment to the Act, the entitlement to gratuity remains at the completion of five years, not a day less than five years.
Service Conditions and Gratuity Eligibility
I have also seen establishments including this 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 the appointment order, the same will be applicable to that organization.
From India, Kannur
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4667You strictly follow the Payment of Gratuity Act, where the completion of five years is required to receive gratuity. However, following verdicts from the Madras High Court and Kerala High Court, which direct the 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 an amendment to the Act, the entitlement to gratuity remains at the completion of five years, not a day less than five years.
Service Conditions and Gratuity Eligibility
I have also seen establishments including this 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 the appointment order, the same will be applicable to that organization.
From India, Kannur
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Gratuity Act-Teachers-Ma dhya Pradesh.docx
Payment of Gratuity Act, 1972 & The Rules.ppt