gvchanti Started The Discussion:
I am working in current organization since 02-Mar-2005. 15days back my employer accepted my 2 months notice of resignation.
Now he is planning to release me just before 1 or 2 days of my 5 years service term, to avoid gratuity benefit.
Is gratuity is based on just no. years of service? Or is there any other clause to avail it? Please help me.
Posted 11th February 2010 From United States, Coatesville
If you had work more than 240 days in that year then you are eligable to get gratuity benefit.
Posted 11th February 2010 From India, Delhi
To avail the gratuity benefit you have to complete the stipulated 5 years with the organisation. In case you fall short it can get withheld. Negotiate with your sup on your relieving. Offcourse you need to work for 240 days every year.
Posted 12th February 2010 From India, Mumbai
sorry chanti in your case u r resigning from company as u have stated not company retrenching you. Being a HR manager and handeled various Gratuity cases i m confident ur HR team will not give you the gratuity since you r not eligible for gratuity becaz ur service not yet completed 5 years. so if u have not submit your resignation then delay it till ur 5 year service period of completion if u r planning to leave. else u will not get gratuity even though put a case in Labour court.

Ratikanta Rath
HR Manager
Posted 12th February 2010 From India, Angul
If you had severed the compnay for atleast 240 days continously in the 5th year of your service, even if you are relieved 1/2 days earlier, you are entitled for gratuity.
Posted 13th February 2010 From India, Tiruchchirappalli
Hi, In my opinion and also, as per the law, Gratuity is eligible only for an employee those who have completed 5 years exactly in his service period is considered as a Gratuity. Thanks, Ramki
Posted 13th February 2010 From India, Madras
You are eligible right now. Once you comple 4 and half years you are eligible. you can taken up the issue legally if not paid. Before that you can inform them and clarify the same with legal person to avoid embarasement
Posted 13th February 2010 From India, Madras
As per my openion there is no lock in period for entitlement of gratuity, after completion of four year and 240 days in fifth year you are elegible of Gratuity.If your employer refuse to pay then you should approch to Authority under Gratuity Act.
Posted 13th February 2010 From India, Gurgaon
Hi folks, One judgement says that 4 yrs 9 months eligible for getting gratuity so check wth good lawyer. K.N Surendran Coimbatore 98424 50847
Posted 13th February 2010 From India, Madras
Dear Friend, There is no advantage to any organisation. If he want to relieve you before the notice period then you can ask the HR to relieve on the exact date.
Posted 13th February 2010 From India, New Delhi
To avail gratuity benefit you have to complete 5 years. Its a statatory compliance. So its better if you complete ur 5 years you will get a pretty gud amount yaar..
Posted 13th February 2010 From India, Ahmadabad
hi, According the gratiuty act, those who complete the period of 5 years are eligible for getting gratiuty. Vairavan
Posted 13th February 2010 From India, Coimbatore
Dear Friend,
ur entitled 2 get gratuity if u have worked for 240 days in the 5th yr. on completion of 240 days u have entitled 4 gratuity 4 that completed yr of service& it is clearly defined in the gratuity act, plz read defn of COMPLETED YEAR OF SERVICE.
mahesh pandey
Posted 13th February 2010 From India, Calcutta
Hi Thanks to all for your valuable comments and inputs. I will talk to my HR to extend my stay until 5 years completion. Thanks a lot....
Posted 14th February 2010 From United States, Coatesville
There is a supreme court ruling for the same. Basis that, you currently stand eligible for your Gratuity.
Posted 15th February 2010 From India, Mumbai
Dear friend,
Don't afraid. It is your employer's responisblity to award that one as you have completed 4 years + 240 days. In 5th year completion of 240 days can be considered as completion of one year. In such type of dispute, all the judgements have been awarded in favour of employee. Incompletion of remaining one month can't cease your gratitude period.

You don't need beg your HR to extend the staying period upto completion of of 5 years. It is your right friend.

Posted 15th February 2010 From India, Jaipur
if the person is having some 40 leaves in his/her account in the time of re-leaving then will these days be consider in gratuity as 240 days..
Posted 19th September 2010 From India, Delhi
Dear Member,

No.We are not to count the accumulated EL in actual working days. If the employee was on leave with wages earned in the previous year then those days are to be considered as the no. of actual working days for counting in 240 days actual working. (sec.2A)

Skylark Associates, Gurgaon (Haryana)
Labour Law Consultants (m) +91 9810405361

Posted 20th September 2010 From India, Delhi
You are eligible for gratuity, check the attached document.
Posted 9th February 2011 From United States, Saint Paul
Attached Files
Shared By Cite.Community Member "ursnaren" For Public Download
File Type: pdf Gratuity - Madras HC judg[1][1][1]..pdf (1.55 MB, 63 views)
Hi Chanti, Don’t Worry, you will get the Gratuity Since you have completed 4 years and 8 months(240days).... Also the labour Court will support your claim in this matter.. Regards, Anand
Posted 14th February 2011 From India, Bangalore


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