QUERIES
Hello,
I have completed 4 yrs 11 months and 5 days in my previous job. in all likelihood, i have completed 240 days in my 5th year. am I eligible for gratuity? I contacted my ex-employer and the finance team said they are evaluating the case. please advise. Any pointers to law books or legal docs supporting my case is greatly appreciated
Thank you,
A

19th October 2010 From India, Bangalore

PARTICIPATING IN DISCUSSION:
Anil Kaushik
Chief Editor,businessmanager
Prasad.sbr
Chief Manager - Hr
Mayuri Verulkar
Hr Manager
Abbasiti
Assistant Engineer, Indian Telephone Industries,
Coolheadtamil
Senior Manager Hr
Yagniah
Legal, Personnel Admn. And Hr
Pradeepanckumaran
Accounts, Finance & Admin
Rath_ratikanta
Management Student
Hrprakash
Sr.executive-hr
+7 Others

Hi, Any employee who has completed 4 yrs and 8 months or (4 yrs and 240 days in the 5th year.) of service is eligable for gratuity as per gratuity act ( The Payment of Gratuity Act, 1972)
19th October 2010 From India, Chennai
An employee is Eligible for Gratuity only if he’s having 240 days continous service in each completed year for 5 years.
19th October 2010 From India, Hyderabad
as per gratuity act any employee who have not completed there 5 years of continous service they will not eligible for grtuity. even though they have completed the 4 years 11 months. so anu u will not be eligible for gratuity.
19th October 2010 From India, Angul
Mr. coolheadtamil is correct, you are reqired to complete 240 days in an year, so for fifth year if you have already completed ur 240 days(though in 11 months) you will be eligible for gratuity.
Mayuri
Manager - HR
20th October 2010 From India, Pune
hello anuaro plz find the attacment for ur clerification. Regards, Rohan bhatt.
20th October 2010 From India, Surat

Attached Files
File Type: pdf gratuity act,1972.pdf (29.2 KB, 1166 views)
I do agree with rath ratikanta,as per gratuity act any employee who have not completed there 5 years of continous service they will not eligible for grtuity.
20th October 2010 From India, Ahmadabad
Hi ,
It is clarified here that as per gratuity act any employee who has not completed his continuous 5 years service in an establishment ,he will not eligible for getting the gratuity amount, even though he has completed the 4 years 11 months service. The 240 days clause is mentioned in the Act for the purpose of calculation of Gratuity, i.e. if the person is entitled for gratuity and in the sixth year he has completed 240 days continuous service then he will be entitled for whole year Gratuity in the sixth year. For the entitlement of the gratuity amount , one has to complete 5 years service in an establishment. So you are not eligible for getting the gratuity amount.
V.K.Gupta
21st October 2010 From India, Delhi
Dear Friends,

Madras HC judgment has been taken by HR people as last word on the point of gratuity payment before completion of five years of continuous service.

It has been interpreted as if it has legal binding all over country.For the benefit of all , I think it proper to clarify the position.

Madras HC judgment has legal binding in Tamil Nadu state only. In other states it has only persuasive value and not legal binding.

There has not been any decision from SC on this point. Till any such judgment comes from highest court of the land, provision of the Gratuity Act will always prevail which specifies the condition of eligibility for gratuity which is only after completion of continuous service of five years.

240 days in each year has to taken in to account only for the purpose of calculation of gratuity.

Relaxation from five years of service is only in the case of death or disablement.

Regds

anil kaushik

Chief Editor-Business Manager-HR magazine

B-138,Ambedkar Nagar, Alwar-301001 (Raj.) India



Mob;09829133699
21st October 2010 From India, Delhi
for the payment of gratuity one should compelte minium 5 year service as per Payment of gratuity Act. Regards Arjun Singh
21st October 2010 From India, Mumbai

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