Gratuity

dhamodaran (Querist) 02 July 2013 This query is : Resolved
Hi,

My joining date in the current organization is 2nd February 2009 and my last working day will be 25th October 2009. On the last working date I would have completed 4 years 8 months and 25days, will I am eligible for payment of Gratuity.

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Guest (Expert) 02 July 2013
First of all check the years you have quoted (Year 2009 quoted as beginning and end of service). secondly count the number of fraction of a year if to be 240 days. Service of 4 years and 240 days is the requirement for entitlement of gratuity

prabhakar singh (Expert) 02 July 2013
Dhingra Ji has rightly pointed out about dates that of commencing and ending both being same year(2009) can never count for
4 years and 240 days.

And if we read it 25th October 2013 instead of 2009 then count if it completes 4 years and 240 days from 2nd FEB 2009,the date of joining.

Then it would be 04 years and 265 days on forthcoming date 25th October 2013.

That means you would be entitled.

R.K Nanda (Expert) 02 July 2013
nothing to add.

Rajendra K Goyal (Expert) 02 July 2013
Agree with the experts.
For payment of gratuity 5 years continuous service is eligibility criteria (Section 4(1) Payment of gratuity Act 1972). When an employee has completed 4 years and 240 Days in 5th year, he will be deemed to have completed fifth year of service in terms of section 2-A of the Act.

Raj Kumar Makkad (Expert) 03 July 2013
I do endorse the advice of the experts as all are having a unanimous opinion over this issue.

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