Gratuity eligibility 4 yrs 8 months

Mr. Ankit,

The date of 7th May 2018 is too far and you are still in service. Although your question is quite premature, yet if you get relieved by your employer after rendering the proposed service, you will be entitled to claim gratuity.

Thanks a lot Sir for the reply. I am sure about it I will be leaving the company. ... .

So in my case gratuity amount should be = (last drawn monthly salary) x 15/26 x (5 Years)

Dear Sir,

I have a query on gratuity, for example if the person working for private company with 6 days working, Joined company on 18/06/2012 and last day of working is 07/03/2017 total period of service i.e. 4 years 9 months. Is the company liable for payment of Gratuity to this person. 

As per your statement person who has completed 4 years 8 month i.e. 240 days is eligible.

please clarify my query, also provide me judicial judgement statement if possible on "swapnil.lahor@gmail.com".

looking ahead to hear you soon.

Thanks & Regards,

Swapnil Lahor.

9833367776

Hello Mr. Dhingra,

I approached to Legal Manager for My company and got a below reply from him, Need your further assistance on same,

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As per Section 4 of the Payment of Gratuity Act, 1972 “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

Section 4(1), and particularly the words emphasized by me above, strongly suggest that Parliament consciously and deliberately prescribed a minimum employment period which an employee must complete before becoming eligible for gratuity.  The words “after he has rendered continuous service for not less than five years”, lay down an absolute minimum which is not susceptible to any reduction.

Deeming provisions under section 2 has to be read alongwith section 4 concurrently. The correct interpretation of the act is “An employee has to work 5 years in an organization to claim gratuity, however, it is not mandatory for him/her to work full year in any of the 5 years, if he has worked for 240 days in any of the year, he will deemed to be in service for one year.

Let me know clarify you with an example:

“A” has joined the organization on 01.01.2010 and resigned on 01.01.2015 but did not work complete year in any of the preceding year due to any reason (which may be due to sickness or any other reasons beyond his control), however he worked more than 240 days in each year. He will be eligible for gratuity as he has completed the clause of working 5 years as mandated by section 4 of the payment of gratuity act. In this case the deeming provisions as mentioned in the section will apply.

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Mr. Ankit Jain

Relevance of examples on your part is not understood, You should have restricted to your own case. Presently, you don't have any problem, more so, when your case is not yet mature for gratuity. So, there is no use of discussion on your academic type of query.

Dear sudalaimuthu, 

My HR need to see the Govt notification about gratuity eligibility service is 4 years 240 days of Supreme Court. Then he can release my gratuity. So please guide me where can I get the Supreme Court notification. 

Hello All,

I joined company on 31 march 2014 and my last working day in same company is 27 novemeber 2018, kindly help me in letting me know that if i am eligible for gratutity or not.

My company has 5 days in a week working model..

So getting confused if week off are calulated in 4 years 240 days service or not..

Dear LCI Querist @ Mr. Ankit Jain,

Gratuity= { ( Basic+DA)/26*15*No. of years in service}

Basic+DA is as per last drawn wages…

NO. of years is ; after 5Y of service ( Calendar years from date of reference as in the Act or simply count from LWD/DOJ ) ………………..

>6Y=1Y

<6Y=0Y

If establishment works for 6days/week then employee should have worked for 240days/year and in last year

If establishment works for less than 6days/week then employee should have worked for 190days/year and in last year

Dear LCI Querist @ Mr/Ms. Swagatika

At LCI e.g; in threads say under; Home/ Forum/ Labour & Service Law/ Gratuity

where you have also posted query, you shall find many citations/ judgments posted by me from various High Courts, Apex Court, and others to help and support cause of querists like you…..and also illustrated discussions e.g. at Page no.1 of this thread by Mr. Sudalaimuthu

Although there is  NO need to quote any citation since Payment of Gratuity Act is a statue and provisions in the Act are crystal clear….

still you can also pick up citations from this thread, other threads, Files, Articles, Judgments sections…

e.g; Article under my profile.. 

Off days, holidays are counted in service period for the Payment of Gratuity !

No Limitation to Claim Payment of Gratuity

You may pick up the relevant points and take help of elders of your family, competent and experienced well wishers, seasoned employee’s/trade union leaders, seasoned ‘ Authorized Representatives’, a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..with whom you may share inputs /show the documents/evidence for a considered opinion..

 At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Labor Court/CGIT, O/o Controlling Authority of Gratuity ( ALC/ALCC/DLC…), School-Educational tribunal,CAT, civil courts, HC, SC……

Dear LCI Querist @ Mr. Swapnil lahor

Citations are available at LCI as already explained above..

Dear LCI Querist @ Mr. Nitin gupta

You may pick up relevant points as already explained above..

You are still employee and have not separated.

Check now and after LWD; If the establishment has issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card,  and shall supply correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?    

Now or After LWD ; You may write under proper acknowledgment to designated HR person and good offices of appointing authority, MD/CEO that the 'Notice of Determination of Gratuity', payment of Gratuity, and requisite form if any may be supplied to you…….and necessary arrangements may be made to pay on LWD…

Or after LWD and getting above mentioned docs………. As IT suits you since you are closest to employer and IT’s attorneys in Line Management/HR etc and are aware of their attitude towards you and your hassle free relieving….. So you may apply your own judgment…’  

 If establishment/employer does not tender payment within 30days of LWD then IT has to tender interest @10%pa for the delayed period…
 

IT is otherwise beter to get all of above mentioned docs and agitate later.

The above last post is by oversight and may be ignored.

Hi,

I need your help to identify that I ma elegible for Graduity or not.

1- I have joined the Singapore registered company on 1st July 2015. I have offer letter mentioned 1st July

2-Company get regsitered in India on 13-Aug-2015 and my date of joining is also from 13-aug-2019 on paper 

3- My date of delieving is 6-feb-2019

Do i am eligible for graduity. PLease check and answer

Amit

Hello @Kumar Doab, Good evening. I have completed 4 years 259 days of continous service in my latest company. However, my company says there is no mandate that companies should pay the gratuity if the employee renders service for 240 days in the 5th year.