Hello,

NO you can not claim for Gratuity.In any class of establishment employee has to complete continuous 5 years of service after 5 years 6 months would be rounded off to 1 year.( Subject to resignation from Services of the Company.)

Regards

Sandip G.

“240 day has to be completed for 5 working days a week.”

190 days in case of establishment which works for less than six days in a week.

So employee who has worked for 190/240 days in a year is eligible.

Payment of Gratuity Act, 1972

Section: 2A
Continuous service.

For the purposes of this Act,

{2} {a}

(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and

(ii) two hundred and forty days, in any other case;

SC and HC judgements are enclosed.