Gratuity fund eligibility- completed 4 years 10 months employment in a private company in Bangalore

saravanan-madhavan1
I have completed 4 years 10 months employment in a private company in Bangalore.
Would I be eligible for gratuity amount ?
Please suggest.
saravanan-madhavan1
Could anyone please guide me..?
nathrao
Minimum requirement for eligibility of gratuity is 5 contnuous years of service.
240 days in 5th year is also needed
As per me you are not still eligible for gratuity
Complete 5 years of service first
sridharammu
You are eligible for gratuity. if an employee completes 4 years and 6 months of continuous service in the same establishment, he is eligible to get gratuity as per the Payment of Gratuity Act 1972. ... Hence, an employee who has completed 4 years and 6 months continuously without any break may preferably be eligible for Gratuity under the Act. you are completed 4 years 10 months you are eligible don't worry.
sridharammu
Years of Service are rounded down to the nearest full year. For example, if the employee has a total service of 10 years, 10 months and 25 days, 11 years will be factored into the calculation. in your case 4 years 10 months completed hence it will be counted as 5 years.
pvenu1953@gmail.com
Some High Courts have read down the eligibility of five years to be 240 days service in the fifth. It could be that your employer may take different view. If so, you may need to escalate the issue, legally or otherwise.
drbijoy
According to the Act, you need to complete 5 years from the date of starting employment to the date of ceasing employment. That is a fixed period of days.
During this period, if you have done a minimum of 240 days of paid work, including paid leave, in any one year it will be considered as a complete year.
During the fifth year you have completed 240 days, but you have not been in employment for 365 days, so I believe you are not eligible.
There are certain rulings by the higher courts in certain specific situations but they are not applicable across the board till the Act is modified.
nitin-sharma1
You are eligible for gratuity amount from your company. Definitely they will be give you your amount.
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