gvchanti Started The Discussion:
Gratuity
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.
Thanks,
Chanti
11th February 2010 From United States, Coatesville

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.
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
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.
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
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
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.
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
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.
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..
13th February 2010 From India, Ahmadabad

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