A person is eligible to get gratuity only if he had completed 5 years (except in case of death or disablement) in the organisation. 4yrs and 240 days is not the criteria for eligibility. In case of death, if an employee had worked for even one day, we need to pay gratuity presuming that the deceased employee would have continued his service for 5 yrs.
Section 4 of Payment of Gratuity Act, 1972 very clearly states that "Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, -
a) on his superannuation, or
b) on his retirement or resignation , or
c) on his death or disablement due to accident or disease:
Provided that the completion of continuous service of five year shall not be necessary where the termination of the employment of any employee is due to death or disablement".
However if you have the recent ruling of the Hon'ble S C judgement. plz do share with the team.
Even in my organization we don't have the PF , ESI kind of benefits.
Is it possible to avail employee benefits like Gratuity , Meternity ,peternity benefits.
Or the benefits is discriminated by the management .
Waiting for your reply.