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As I have completed 4yrs 11months in one of the firm. Am i eligible or no for the gratuity benefits.
From India, Bengaluru
yes, you are eligible for gratuity.
From India, New Delhi
can anyone confirm that is that 4yrs 11 months elegible for gratuity. As per the our HR says no as per the law.
From India, Bengaluru
most companies have the regulations for 5years! I would advise you to please go through your company policies and if utmost necessity arises, consult a lawyer!
From India, Kolkata
Dear Ma-Umi
Key point for Gratutity calculation is Minimum 5 years

Minimum 5 years required:
To be eligible for gratuity, an employee needs to have completed at least 5 years of service with the company.
Rounding off:
If you have worked for a period exceeding 5 years but not reaching 6 years (like 5 years and 11 months), it will be rounded down to 5 years for gratuity calculation.

From India, Vijayawada
Can you ask your HR what section of the law states that gratuity will not be given if someone completes 4 years and 11 months of service?
From India, New Delhi
plz check the massage attced regarding the gratuity payment
From India, New Delhi
Attached Files (Download Requires Membership)
File Type: pdf Madras High Court _ Gratuity Judgement.pdf (1.55 MB, 0 views)

MyPersonal,

That judgement is meant to clarify rounding of number of years for computation of amount of gratuity.
The act is very clear on the eligibility, which is 5 completed years of service, except in case of death

From India, Mumbai
The payment of gratuity happens after completion of five years of continuous service.
Here in the case you have completed four years and eleven months of fifth year.
As per the judgement, if one has completed 240 days of working of the fifth year is considered as continuous.
You need to file the claim with the company through the controlling authority, if not considered file a case in court.

From India, Mumbai
You will be eligible if the HC of your state had given a judgement like Madras,kerala HC. Otherwise you are at the mercy of your company policy. The reason is, there is no provision in the Gratuity Act or any SC decision on this issue.
From India, Thiruvananthapuram
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