Dear Sir,

I have worked in an organization for a period of 4 year 11 months and 10 days ( Includes notice period). The details are as following

Date of Joining: 11- Oct - 2007

Date of Resignation: 27 - Aug - 2012

Last working Day : 20 - Sep -2012

My company asks for 1 month notice period. Which they say that it should be 21 working days notice period.

As per the HR in my case ,

I had given a notice on 27th evening. And left on 20th evening of sep month, which is 18 days notice, and I took off for 1.5 days in the notice period, so my notice period was 18 - 1.5 , which is 16.5 days. As per company policy, I should give 21 days notice. So I was 4.5 days less notice time.

I had got 5.5 days of leave left, which the company needs to pay me for. So 5.5 - 4.5 days, company need to pay me for 1 day extra .

And they paid it.

I am asking for the gratuity bonus because I came to know that i am eligible for gratuity. But my company says that I am not eligible cause I have not completed 5 years in the organization.

I want to know if I am eligible for it or not. And if i am eligible , how can i claim for it if my company deny to give it.

I will be thankful for valuable suggestions.



From India, Bangalore
Consultant & G.m.
Labour Law Advocate
Software Engineer
Central Govt Psu
+5 Others

VP Jain

Dear Dinesh You are very well eligible for payment of gratuity. For your ready reference attaching herewith the Madras High Court Judgement on the same issue. Rgds VP Jain
From India, Gurgaon

Attached Files (Download Requires Membership)
File Type: pdf Gratuity_SC_Judgement.pdf (1.46 MB, 2363 views)


Dear Sir,
Thanks for your valuable reply.
Please also let me know that what step should i take in order to get my gratuity if they are denying and trying to prove that I must have completed 5 years to get it.
1. I already have talked through mails and got their reply sayin No for it.
2. I have also sent them Form I via registered post around 20 days before from today and i have the proof of sending it too.

From India, Bangalore
Hi Sir,
I have complete around 4 years 9 months and 14 days in organization. They are telling the same thing like i am not eligible for gratuity as i have not completed 5 years. So please let me know if i am eligible or not?
Date of Joining: 24 April 2007
Date of Resignation: 08 Feb 2012
Thanks In Advance,
Arun Kishore

From India, Bangalore
VP Jain

Dear Dinesh
Just send a reminder to your employer immediately and attache the xerox copy of Form-I which you had send to him 20 days before through registered post and wait for a week. If you didn't get any response u can send an application in the prescribed Form 'N' under Payment of Gratuity Act to Controlling Authority i.e. Labour Officer of the region for direction.

From India, Gurgaon

Pl. go thro the attached notes for your information and use them to claim your gratuity.
From India, Bangalore

Attached Files (Download Requires Membership)
File Type: doc Gratuity simplified.doc (34.5 KB, 1351 views)
File Type: doc Gratuity 4yrs.240 days.doc (34.0 KB, 1228 views)


yes u are eligible for gratuity if u have completed 240 days in 5th year u say that u have worked for 5 year & 11 month in that case u have completed the barrier of 240 days in 5th year

From United States, Chicago

Hi Dinesh...
As per the Payment of Gratuity Act once you complete 240 days in the fifth year i.e. 8 months you become eligible for gratuity payment.
As per your case since you have completed 8 months, you are eligible for it.
Hope that helps!!

From India, Pune
Ved Parkash Bawa

Once you have completed 240 days in last year of service become well eligilble to claim gratuity....just post a written letter to your previous company with the above reference given by me & even mentioned in gratuity dont go straight away for any kind of legal action...jus resolve the issue out of court by awaring them about the actual law...after that if there is no response you can go for legal action
From India, Delhi

Thanks all for valuable suggestion in this matter. I will go ahead by reminding them about the law and sending them xerox of FORM I again. If i don't get the expected answer , I will get in touch with you again.

From India, Bangalore

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