Can i claim my gratuity in four years service, because my working days is 1200?

Can i claim my gratuity in four years service, because my working days is 1200. And according to gratuity act 240 days in year for gratuity claim is considered present or pay days.

Hi,

5 years of continuous service with same employer is must to claim Gratuity.

Total continuous five years service is the criteria.

No. You cannot take the total days and divide it by 240 to establish that you have worked for 5 years. The basic requirement to qualify for gratuity is 5 years service. Once you complete 5 years, then you can see whether each year has at least 240 days so that you can assure continuous service.

As per the High court Judgment minimum 4 years and 240 work days is required to get the same.

Sandeep Tomar
Head HR, Legal, HR, HRBP

Minimum four years of continuous services and at least 240 work days in the fifth year, shall make you qualify to receive payment of gratuity.

There are two high court verdicts Mettur Bearsel's case from Madras High Court and Sreeja's case from Kerala High Court) which says that 240 days service in the fifth years shall qualify for gratuity. But there is no such verdict from the Supreme Court nor there is any amendment made to the Payment of Gratuity Act based on these judgments. The dictum of a court shall be taken as a precedence but I don't think that that establishes a law. On the basis of these judgments the controlling authorities (of Payment of Gratuity Act) in these states may pass orders but it is a matter of law whether it will have a universal applicability. It can certainly a citation but not an established fact.

A plain reading of the payment of Gratuity Act reveals that 240 days in 12 months would only make a service continuous. Therefore, it shall only be considered for deciding whether the employee has continuous service or not and not for deciding his qualifying service. The qualifying service is five years and within these five years every year should comprise of at least 240 days. But the aforesaid verdicts have taken 240 days to prove a year's service. That is debatable.

Hi,
I would like assistance in determining my eligibility for gratuity based on my employment dates. I was employed with my most recent company from December 4, 2017, to August 19, 2022. I want to know if the previous 6 months, starting from December 4, 2022 (which marks the completion of my 5th year), are considered for determining "continuous service," or if the 12 months from December 4, 2022, are considered. If the 6-month period is considered, I would not meet the criteria of 120 days. However, if the 12-month period is considered, I would meet the criteria. Therefore, I need assistance in determining whether I am eligible for gratuity.

I am refering to this ----https://labour.gov.in/sites/default/files/the_payment_of_gratuity_act1972.pdf

Thanks,

Regards,
Prasanth

You have 4 years (from 4th December 2017 till 3rd Dec 2021) and 8 months and 15 days (from 4th December 2021 till 19th Aug 2022) service. The fifth year accounts for more than 240 days' service. If you had no loss of pay leaves then applying the principles and interpretations in the above referred cases, ie, if the employee has worked for 240 days in the fifth year, you will qualify for gratuity.

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