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abhijitmahato
1

I have worked for 6 years 6 months in a company. Out of which 2 years jobs is on contract basis and 4 years 6 months is on permanent basis. Now I am leaving the company. Am I eligible for Gratuity payment on resignation?
From India, Ranchi
Sharmila Das
990

Dear Mr. Abhijitmahato,
You are very well applicable for Gratuity. According to the Gratuity Act 1972, you are eligible to get the gratutiy after the completion of Five years. It is calculated as 1 year if a person completes 6 months of service therefore apart from the 2 years of your tenure you have completed 4 years & 240 days a year is deemed to be complete in terms of continuous service. Your 2 years of contract will also be added even if you were in contract, but should be in continuos service without a gap.

From India, Visakhapatnam
abhijitmahato
1

Dear Madam,
Thanking you very much for the information. Further I want to know is 4 Years 6 Months service individually eligible for Gratuity?
My 2 Years of contract service is with separate employee ID. Is the same will be added with the above for gratuity.
Thanks/Regards,
Abhijit Mahato

From India, Ranchi
Sharmila Das
990

Dear Mr. Mahato, Is your 2 years service along with the 4 years 6 months with the same employer? Although, your 4 years 6 months of continuos service would make you eligible for the gratuity.
From India, Visakhapatnam
Sharmila Das
990

You may fill the Form I - Application for Gratuity by an employee, can be submitted to your employer.
From India, Visakhapatnam
Attached Files (Download Requires Membership)
File Type: doc FORM I - Application by Employee.doc (23.5 KB, 684 views)

abhijitmahato
1

Dear Madam,
Further 240 days continuous service means? If in this period casual leave, medical leave, earned leave take then service is continuous or not.
Please advice.
Thanks/Regards,
Abhijit Mahato

From India, Ranchi
Sharmila Das
990

Dear Mr. Mahato,
The leaves are taken apart. Continuos service is service without a gap ( you said 2 years contract and the employer might have taken you On Roll witha continuos service). If there had been a gap between 2 years and 4 yr 6 months then it wouldn't be considered 6 years 6 months. Preceeding 240 days of service in the 5th year is counted as 1 year of service in the company. Have you resigned the company yet and what is the notice period to you?

From India, Visakhapatnam
abhijitmahato
1

Dear Madam, My joining in permanent service was 27.06.2008 and will released on 28.02.2013. Currently I am in notice period. Please advice. Thanks/Regards, Abhijit Mahato
From India, Ranchi
Sharmila Das
990

Dear Abhijit,
As per the date specified by you, you would be tenuring 4 year 8 months of completed service period. Therefore, you can eventually claim for Gratuity as per Payment of Gratuity Act. Check with your HR for the next process after submitting the Form I of gratuity. Hope this satisfies your query.

From India, Visakhapatnam
abhijitmahato
1

Dear Madam,
Is my service period will be taken as "continuous service of not less than five years"?
In this regard do u have any rule / documentary then please forward to me for needful.
Thanks/Regards,
Abhijit Mahato

From India, Ranchi
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