Hi all,
As per the Gratuity Act, I see that 4 years and 190 days is sufficient for one to become eligible for gratuity in a company that operates for less than 6 days. I have served for 4 years and 203 days in my company, which operates 5 days a week.
Please clarify whether I'm eligible for gratuity or not...?
From India, Bangalore
Acknowledge(0)
Amend(0)
As per the Gratuity Act, I see that 4 years and 190 days is sufficient for one to become eligible for gratuity in a company that operates for less than 6 days. I have served for 4 years and 203 days in my company, which operates 5 days a week.
Please clarify whether I'm eligible for gratuity or not...?
From India, Bangalore
Acknowledge(0)Amend(0)
you are not eligible for gratuity for service less than 5 years, in some judgements under specific circumstances courts granted gratuity for service less than 5 years which cannot be taken as a rule.
From India, New Delhi
Acknowledge(0)Amend(0)
425From India, New Delhi
Acknowledge(0)Amend(0)
Dear Mr Mahesh Please furnish your date of joining and date of leaving for me to take a view
From India, Madras
Acknowledge(0)Amend(0)
From India, Madras
Acknowledge(0)Amend(0)
Hi sir, My date of joining is 6th December 2010 And date of relieving is 29th June 2015
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
Hi sir, My date of joining is 6th December 2010 And date of relieving is 29th June 2015
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
The basic rule of entitlement to grauity is 5 years continous service in establishment.
But 5 years does not mean exactly 5 years-It could be even 4years 240 days or 4 years 190 days depending on type of establishment and number of days of work in a week.
Relevant sections of Payment of Gratuity Act are Section 2,2A.
2A defines continuous service
.
Section 4 of the same act defines payment of gratuity as: 1) Gratuity shall be payable to an employee on the termination of his employment after he
has rendered continuous service for not less than five years, –(a) on his superannuation, or (b) on his retirement or resignation.
Continuos service is clarified in Sec2A.
Thus section 4 needs to be read along with section2,2A for better understanding.
From India, Pune
Acknowledge(0)Amend(0)
But 5 years does not mean exactly 5 years-It could be even 4years 240 days or 4 years 190 days depending on type of establishment and number of days of work in a week.
Relevant sections of Payment of Gratuity Act are Section 2,2A.
2A defines continuous service
.
Section 4 of the same act defines payment of gratuity as: 1) Gratuity shall be payable to an employee on the termination of his employment after he
has rendered continuous service for not less than five years, –(a) on his superannuation, or (b) on his retirement or resignation.
Continuos service is clarified in Sec2A.
Thus section 4 needs to be read along with section2,2A for better understanding.
From India, Pune
Acknowledge(0)Amend(0)
No Mahesh, it's 4 years and 240 days, and that too in a few states where the state courts have given any judgments. However, for other states, the law is the same for 5 years. Hence, you are not eligible for gratuity.
From India, New Delhi
Acknowledge(0)Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)
The Act states one has to complete 5 years of continuous service from the date of joining to the date of leaving the service (with certain exceptions). 240 days of work during a period of 365 days will be considered as a completed year only if 365 days have elapsed during the year in question. 6th December 2014 to 29th June 2015 is not a period of 365 days. If you had worked 240 days from 6/12/2014 to 5/12/2015, with the last working day being 5/12/2015, then working 240 days during the period is sufficient for the period to be considered as one completed year. The Madras High Court judgment is not relevant in this case.
From India, Kolkata
Acknowledge(0)Amend(0)
From India, Kolkata
Acknowledge(0)Amend(0)
The minimum requirement for gratuity is 5 years. The Madras High Court gave a judgment stating that 4 years and 240 days of working are enough for gratuity. The Supreme Court has not provided any judgment on this matter. Therefore, apart from Madras, other states require 5 years of service.
From India, Faridabad
Acknowledge(0)Amend(0)
From India, Faridabad
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Less than 5 years service - Eligibility for payment of gratuity.pdf
Minimum Qualifying service for Gratuity under the Payment of Gratuity Act.docx