Gratuity help

UNDER PAYMENT OF GRATUITY ACT-1972

Section: 4 Payment of gratuity. (1) 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:

Typo

My Employment with the previous employer was from 30-06-2014 to 31-01-2019. That is 4years and 217days. The company was working for 5days a week. Am I eligible for the gratuity? If yes as per which policy so that I can send a copy to my employer?

service for not less than five years

 

If in last year of your service you have worked for >than 190 dqys,you are entitled for gratuity and can raise the claim with controlling Authority of your area.

Sir, you mentioned 190days. Do we need to count Saturday and Sunday as my company was working for 5 days a week?  

According to me 190 days would include saturdays and sundays.To claim gratuity you need 5 years contineous service.contineous service means uninterrupted service.In case the service is interrupted,190 days service is necessary to render it as one year contineous service.In your case only in fifth year ,your service was interrupted.Therefore if you have worked for >190 days(your name was borne in muster) in that year,it would be deemed that you have rendered five year contineous service.Therefore according to me Your claim for gratuity would be sustainable.