Sirs and Madams,
I work for MNC company and till last day I completed 4 years and 11 months and 5 days.
In the gratuity act said that, for eligibility 4 years 190 days are required. For five days a week company last one year is equal to 190 working of continuous service. In that case I think I should be eligible for gratuity.Am I correct? But my company says I must complete 5 years. So how can I convince them?If they disagree what action I can take?

From China, Shanghai
Dear Mr. Sanjay
Any person employed on salary.
At the time of retirement or resignation or an employee should have rendered continuous service of not less than five years,
then only he is applicable for it .
Only In case of death or disablement, the gratuity is payable, even if he has not completed 5 years of service.

From India, Gurgaon
Hi, I hope the attachment is of help to you. As per the judgement suffice if you complete 4 years 10 months and 18 days to become eligible for Gratuity. Regards / Chandru
From India, Madras

Attached Files
File Type: pdf Gratuity Judgement.pdf (1.46 MB, 1182 views)


Dear Sanjay,
Plz. go through this discussion,
This will help and tell you more about Gratuity Payment.

From India, Delhi
pls. clarify the type of the company you are working, No. of employee engaged in the establishment and the number of days it is working in a week. as per Sec.4 of the said Act one person will be eligible for gratuity when he will complete the 5 years of continuous service.
But as per Sec. 2A of the Act continuous service means if any person working 240 days in a year, again for the computation of number of working days also include certain condition.
hence straight way it will be difficult to define the same, however if you are providing the details as required, it will be helpful for determine the same.
however there is a case law at Mumbai HC on the same. i.e weekly 5 days working and the person has worked 4 years and 190 days and the HC has given the verdict to pay the gratuity.

From India, Thana
for eligibility of gratuity you need to serve five years of continuous service. in your case the first sentence holds good.
From India, New Delhi
Ajay:Can you please provide any Supporting document of this Mumbai HC case what you mentioned
From India, Pune
gh_manas25 Please let us know about the Mumbai HC Judgement you have mentioned above.
From India, Delhi
Hello Team,
I am working with Accenture an MNC and have recently left the organization.
My Date of Joining is 25 Apr 2014
Last Date was 27 Nov 2018
I have completed 4 years 7 months and 2 Days in the organization
I understand basic rule is 4 yrs and 240 days (6 day working organization)
I want to understand as my organization is 5 day working organization i do fit the criteria of
4 years 190 days i:e 6 months. so i should get the gratuity payment.
I have got a revert stating:
As per the gratuity act, employee's who completed 4 years and 8 months would be eligible for gratuity amount. However, 4 years and 190 days is only applies for the employee who work seasonally.
Can you please clarify:-
1) can i get my PF amount am i eligible (Is there any document to support this)
2) if Organization is not helping who i can reach to take this up and get my hard earned money.
My Payroll team is telling i will not get the Gratuity amount considering i have not completed 4 yrs 8 months and short of 24 days.

From India, Satara

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