Gratuity eligible

Hey, 

The primary law in India with regards to Gratuity is Payment of Gratuity Act, 1972. In that, Section 4 clearly says that gratuity is payable when you are in continuous service for not less than 5 years. Since, the time you have worked is lesser than 5 years, it can't apply here. 

In my opinion if you have worked for at least 240 days in the 5th year, then you are entitled to gratuity.

Other than that under Section 4(2) of Payment of Gratuity Act, 1972 you can get gratuity for every 6 months calculated at the rate of 15 days and not the 5 year rule.