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.
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.
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.
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