Graduity period
Rahul D
(Querist) 09 August 2011
This query is : Resolved
Dear Sir,
I have completed 4 & half years with the Insurance Broking Company & now I am going to resign for t Job.
One of friend told me there is some change in the eligibility period.
So please confirm whether i am eligible for the Gratuity.
Regards,
DV Rao Advocates-Hyderabad, (C
(Expert) 09 August 2011
You are eligible on some certain conditions and on some proofs. Fore more details: www.dvrao.com
K.S.Srinivas
(Expert) 09 August 2011
One eligible for gratuity after putting up of 5 years service. In case somebody completed 4 years and worked 240 days in the fifth year then he is eligible for gratuity.
ESTHERPRIYA
(Expert) 09 August 2011
To claim gratuity benefits you must have worked for 5 years in the said company.
Ajay Bansal
(Expert) 09 August 2011
Atleast five years service is mandatory for claiming gratuity.
Raj Kumar Makkad
(Expert) 09 August 2011
6 months or more shall be counted as a full year if 4 years are complete so if you qualify this condition, you are entitld for the grant of gratuity as per Act.
M/s. Y-not legal services
(Expert) 09 August 2011
Am not in knowledge about gratuity act.. Am also eager to conclude my self with this query.
M/s. Y-not legal services
(Expert) 09 August 2011
Dear makkad sir, any judgement available regard this sir? Am totally agree with you. That 4 and half year mean there 5 calendar years involved. Even any judgement favour to this view?
K.S.Srinivas
(Expert) 09 August 2011
As I already expressed my opinion, in the 5th year the employee is supposed to work for a period of 240 days.
The expression ‘completed year of service’, means continuous service for one year i.e., 240 days service in period of twelve calendar months.
(Shree Jagannath Temple, Puri V. Jannath Padhi, 1992 LLR 737 (Orissa High Court)
RK Agrawal
(Expert) 10 August 2011
Employee has to work for 5 year to get the claiming gratuity. I agree with Mr. KS SriniVas if he work 240 days in preceding 12 months that means he works 5 year legaly.
Guest
(Expert) 10 August 2011
I endorse the views of Shri K.S. Srinivas, as the reply is in conformity with the provisions of Section 2A(2)(a)(ii) of the Payment of Gratuity Act 1972. However, if you had been employed in a seasonal establishment (not on regular establishment), the opinion of Shri Raj Kumar Makkad will hold good.
