Gratuity Eligibility [Thread 393689] - CiteHR
Hr In A Reputed Automobile Company
Litigation, Statutory Compliance, Drafting
Consultant & G.m.
+2 Others

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Dear Sir/Madam,
I wish you to guide me as reagrds to the gratuity payment. I have joined the organisation on 29/06/2007 and have resigned from the said organisation. I will be serving the notice period and my last day of work will be 31/03/2012.
Would like to know whether i will be eligible to receive gratuity and if not till what period should i extend my last day so as to receive the gratuity.

one who hs cmpltd not les than 4 yrs of cntinuous service and in 5th yr,hv workd for 240 days,then such period wl b equavalent to5 yrs nd dat employi then wil b eligibl for gratuity. it is as per gratuity act.
nw party is due okej :-)
gud tyms

You will not be eligible for gratuity unless your management accepts.
Even though we have a judgement from Madras High court & Supreme Court for 4 yrs and 240 days for gratuity eligibility , no management will listen to this judgement unless you take it to the court proceedings.
Gratuity act clearly states that the employee will be eligible only if he serves for 5 years.
Also every company has laid down the policy for the eligibility of gratuity which would be completion of 5 years.
NOTE : You will win when you are taking this to the court but you have to spend your precious time, money and your next employer has to allow you to attend the proceeding.

even if the act says 5 years, it got ratified by SC order and may be read as 4 yrs. 240 days only. Therefore Gratuity Act is being superseded here.
Secondly, No company formulate any policy which is against the law of the land. Even if the same was formulated the same becomes voidable after the change in law. Here since Supreme Court (or Madras High Court) has already of upheld the time period there fore as per Art. 141 of the constitution it become the law of the land and any policy contravening this shall become an illegality.
I think YPDJ should write a letter to his employer once they refuse his gratuity covering court orders and mentioning new penalty provision for refusing gratuity.

Dear, You R completing 5 yrs. by 28.6.2012 isn’t possible for you to extend your resignation till such time in order to be eligible for gratuity ? kumar.s.
Dear Sir, You have to complete 5 years of full service to get gratuity. D.Gurumurthy HR/IR Consultant
Dear All,
Please ensure that, you have worked for 240 days in the first four years and as well as in the fifth year too. Write a letter to your Ex-Employer stating the facts, and claim for Gratuity.
If your employer still deny the gratuity, You need not go to the Court, simply rise a complaint to the appellant authority to this act, in this case it will be Dy.Commissioner of labour of your area. It is his duty to settle the matter.
You can download necessary forms for this.

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