sureshpv
1

In case some one completed 5 years but worked less than 240 days in 3rd year, how it affect gratuity calculation. suresh
From Singapore
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
SRIKARCHANDU
State Hr Manager
RAMBABUPOTHINENI
Asst Manager (hr & Admin)
Vkokamthankar
Asst. General Manager - Hr
Praveen Bhaskaran
Dgm - Hr & Admin
+3 Others

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Praveen Bhaskaran
2

Dear Mr. Suresh P V
In the case referred by you, the employee gains the eligibility of gratuity since he/she has completed 5 yrs of continuous service. However in the 3rd year the employee falls short of 240 days, then that particular year has to be reduced while calculating her gratuity. For egs.
The employee completes 5 yrs of service
except for the 3rd year all others have 240 days recorded then the employee is eligible for only 4 yrs of gratuity. ie. (basic +da)/26*15 days*4years.
Hope its clear.
Regards,
Praveen

From India, Ernakulam
Shaqahmed78
Hi ,
Please advice me if I am eligible for gratuity or not?
I would like to put few things clear that in my case I have not resigned from the company but the company has laid me off and I have been paid 2 months salary as probation period and was indirectly forced to go from company.
The duration If I calculate comes is 4.6 months till october and if i consider the probation period it will be 4.8 months (Till December 2009).
I have worked for a company from March 1 2005 to October 27 2009. (5 days a week)
Please let me know if i can claim a gratuity.
Any advice legal / professional will be appreciated.
Thanks,
SA

From India, Hyderabad
vengat78
3

Dear Shaqahmed, You are not eligible gratuity. As per Gratuity Act, after completion of 5 years only you eligible for gratuity. Regards CA J.Venkatachalam
From India, Madras
vengat78
3

Dear Praveen, I am differing with your opinion, no of years of service is considered for gratuity. Gratuity does not speak about no of days worked in the year. so he may eligible for 5 years.
From India, Madras
SRIKARCHANDU
6

your eligible for gratuity if you worked 4 years and 8 months of continus service
From India, Hyderabad

Attached Files (Download Requires Membership)
File Type: pdf gratuity case laws.pdf (278.5 KB, 879 views)

Shaqahmed78
Dear Venkatchalam,
Thank you for your reply,
Can you please throw some light on the cases were people have claimed gratuity for 4.8 months / 4.6 months as I have been reading the threads and it says if you are working 5 days a week then 190 days of completion in 5th year will make you eligible for gratuity. In my case I have not resigned from company but company has asked me to go due to recession.
Appreciate your reply on the same.
Thanks,
SA
more at https://www.citehr.com/248833-help-r...#ixzz0lzH4nopd

From India, Hyderabad
vkokamthankar
31

240 days clause is not relevant in case of Gratuity eligibility. Refer relevant clause in Payment of Gratuity Act to decide days tobe excluded while calculating eligible days. Thanks & Regards
From India, Pune
RAMBABUPOTHINENI
The employee completes 5 yrs of service
gratuity. ie. (basic +Fda+VDA)/26*15 days*5years.
ok for computation but why should take 26 day ? why should not take 30 days please clarify my doubts sir please.......
Regards,
RAM BABU POTHINENI

From India, Vijayawada

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