Hi,
I was told that if I complete 180 days after 5th year, I will be eligible for the 6th year gratuity irrespective of calendar days ie. if 6month is not compelted by calendar but 180 days are completed in days I am eligible.
Now, there are saying rules are for 6 calendar months.
Can someone please confirm this and if there is a link or document from government detailing the same, kindly provide it to me.
Thanks,
Pankaj
From India, Bangalore
I was told that if I complete 180 days after 5th year, I will be eligible for the 6th year gratuity irrespective of calendar days ie. if 6month is not compelted by calendar but 180 days are completed in days I am eligible.
Now, there are saying rules are for 6 calendar months.
Can someone please confirm this and if there is a link or document from government detailing the same, kindly provide it to me.
Thanks,
Pankaj
From India, Bangalore
If you have completed five years and more than six months you will get six years gratuity. This is counted not according to calender days but from the date of joining. Therefore, if you have worked for 5 years six months and one day, then only will will get six years gratuity.
Regards,
Madhu.T.K
From India, Kannur
4193Regards,
Madhu.T.K
From India, Kannur
Hi Madhu,
Thanks for getting back.. However, 6 months from the date of joining will again will be on Calendar days right?
For instance, I had joning date of 9th June and last working day was 8th Dec.. If you see calendar days it is not 6 months , however in terms of no of days it is 183 days.
Can you please confirm?
Thanks,
Pankaj
From India, Bangalore
Thanks for getting back.. However, 6 months from the date of joining will again will be on Calendar days right?
For instance, I had joning date of 9th June and last working day was 8th Dec.. If you see calendar days it is not 6 months , however in terms of no of days it is 183 days.
Can you please confirm?
Thanks,
Pankaj
From India, Bangalore
Hi Pankaj......... in above case if you left the company on 9th dec(after working hours only) then u will be eligible for 6 years gratuity.
From India, Calcutta
From India, Calcutta
Since you have not worked for 'more than six months' you can get gratuity for five years only. On the otherhand, if you had worked at least for one day, that is if your date of relieving was 9th December, you could have got one more year's gratuity.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
There are several references to 4 years and 240 days being the minimum time required for gratuity eligibility. But a clause in gratuity law, while referring to continuous service, states " one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week;"
Now for software companies that work monday to friday, does it mean that it is sufficent to complete 4 years and 190 days to be eligible for gratuity? If not to what establishments does 190 days apply?
From India, Bangalore
Now for software companies that work monday to friday, does it mean that it is sufficent to complete 4 years and 190 days to be eligible for gratuity? If not to what establishments does 190 days apply?
From India, Bangalore
For employees working below the ground in a mine or those who work less than six days in a week, the parameter to decide continuous service is 190 days. Please refer section 2A of Payment of Gratuity Act.
For superannuation case also the same rule will be applicable and one has to complete 5 years service in order to be eligible for gratuity.
Madhu.T.K
From India, Kannur
For superannuation case also the same rule will be applicable and one has to complete 5 years service in order to be eligible for gratuity.
Madhu.T.K
From India, Kannur
My joining date is 16-Nov 2009 and my last day in company is 15 May 2015, Will I be eligible for 6 years gratuity or 5 years only ? Please let me know urgently. Thanks a lot !!
From India, undefined
From India, undefined
You service is exactly 5 years and six months and therefore you will get gratuity for 5 years only. If your date of relieving is on 16th May, then it shall be 'more than six months' and then you will get gratuity of 6 years.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf