In which month you are planning to tender notice of resignation. You may mention in notice of resignation effective date of your resignation, and that you shall serve the entire notice period and do not want early relieving, and that gratuity payable to you should be paid on your last day in office i.e effective date of resignation along with payment of all other dues. You may immediately obtain employee rule book, certified standing orders of the company, which may be available at HR page of employee portal or with concerned HR personnel. You may also write to Head-HR, appointing authority to confirm if you are eligible for gratuity or not? You are within your rights to get employee rule book, certified standing orders of the company, and reply on your eligibility for gratuity in writing.

Certified standing orders of the company are to be displayed at the gate/entrance. You may confirm that your designation was not declared as trainee in certified standing orders of the company.

Fraction of period above 6 months is counted as 1 year and less than 6 month 0 year.

Payment of Gratuity Act, 1972

Section: 2A
Continuous service.

For the purposes of this Act, -

(2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer -

(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than -

(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;

(b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than -

(i) ninety-five 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) one hundred and twenty days, in any other case;