I have been working with a software startup since March 2010 and my last working day with that company was on 30-Sep 2014. Company is working 5 days in a week since last 3 years and currently has 150 plus employees in India.
I have completed more than 4 years and 190 days with this company and as per my knowledge I eligible for gratuity. I have followed up with the HR through mails regarding this. However they are denying my claim saying that I'm not eligible. Below is the last mail I received from the legal team.
Please note Gratuity Act is applicable to the Company and not the employee. Employee is a beneficiary under the Act only after completing 5 years employment or existence of the entity, whichever is later. In our case Gratuity Act is applicable from June 2011, when we crossed 10 employees. Theoretically speaking our company will touch 5 years under Gratuity Act in FY 2015-16. Whereas when you resigned, our company completed approximately Three and Half years under the applicable Act. Based on this premise, sorry to say, we missed opportunity to compensate you with Gratuity benefit available under the Act
Need your kind advice on - who is right here. Thank you for expert comments in advance.
Best regards,
Manoj Yadav
