Eligibility for Gratuity: Clarification Needed
Though there are a lot of postings and volumes of material on the subject uploaded, I have one very basic question regarding the eligibility of gratuity:
• The minimum 5 years of service for gratuity eligibility, and
• When an employee works 240 days in a year, it is assumed that he has completed the year.
Now, the situation is if an employee worked for 240 days in the 5th year of service but did not complete the 5 years, would he/she be eligible for the gratuity? I would like to know your views on this; please provide a reference if you have any (enactment or judgment).
Thanks & regards,
S R Shivrayan
From India, Jaipur
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2Though there are a lot of postings and volumes of material on the subject uploaded, I have one very basic question regarding the eligibility of gratuity:
• The minimum 5 years of service for gratuity eligibility, and
• When an employee works 240 days in a year, it is assumed that he has completed the year.
Now, the situation is if an employee worked for 240 days in the 5th year of service but did not complete the 5 years, would he/she be eligible for the gratuity? I would like to know your views on this; please provide a reference if you have any (enactment or judgment).
Thanks & regards,
S R Shivrayan
From India, Jaipur
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Dear Friends, As per my knowledge if any employee completed 4 years 8 month in his services he will be eligible reg
From India, Pune
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From India, Pune
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Dear sir, Payment of gratuity can only be paid after completion of 5 years of continues service, secondly 4 years + 240 days in 5th year should be consider the completion of 5 years of service. sumit
From India, Ghaziabad
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From India, Ghaziabad
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Anything better than the statutory requirement is good, and companies are allowed to exercise the option. However, here I am seeking clarification on the legal position. If someone could shed some light on this, I would appreciate it. My inquiry is limited to the period of 4 years and 240 days to 5 years only.
Regards, S R Shivrayan
From India, Jaipur
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Regards, S R Shivrayan
From India, Jaipur
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Less than 5 years service - Eligibility for payment of gratuity.pdf
16.03.15 national legal service authority complaint 240214 NIACL CMD.docx