Eligibility of gratuity

Eligibility criteria for gratuity is 5 years.

You are eligible for gratuity since 240 days in the fifth year will be calculated as full year.

You are eligible for gratuity since 240 days in the fifth year will be calculated as full year.

Sir, is there any document in support of this which I can show in my company. They are not agreeing to 240 days clause.

your pay slips will do. Payment of Gratuity Act itself clearly denotes this.

Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, - (a) on his superannuation, or (b) on his retirement or resignation, or (c) on his death or disablement due to accident or disease They are saying minimum in 5 years. After 5 years, 240 days clause comes into picture. Please suggest me what to do.

There is no dispute about you having rendered four years contineous service.In fifth year your service was interrupted due to your leavingthe job.If the service is interrupted then if an employee has rendered >240 days service in that year,it would be deemed that an employee has rendered contineous service of one year in that year.this provision finds place in Act itself and no separate authority is needed.

Therefore approach the controlling Authorith in your area by filing regular application after you leave service and do not waste time  in unproductive arguments with employer.

 

As per the recent Supreme Court Judgement it is observed that an employee worked for 240 days in the fifty year he is eligible for Gratuity. Pl. check the judgement copy from any of your known sources.

 

The question of citing judgment etc. would arise when the arguments are heard in the case. Therefore without wasting time file your claim before controlling authority.