Anonymous
1

Hi, I am joined a MNC in sep 2007 as a trainee after 6 months I came into roles and my last working day with this company is on jan 2013 can i elgible for gratuity Thanks in advance please reply
From India, Hyderabad
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Loginmiracle
Consultant & G.m.
Anuj Trivedi
Labour Law Consultant
Radhakrishna K P
Manager - Human Resources
Sudhakar346
Network Engineer
+1 Other

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Anuj Trivedi
25

If you have completed 240 working days in the last year i.e. from March 2012 to Jan 2013 then you are eligible for gratuity. As per Payment of Gratuity Act employee is eligible for gratuity only after completing five years.But there are many judgements given by High courts time to time that employee is eligible for gratuity if he has completed 240 days working in last year of his service.
From India, Lucknow
sudhakar346
1

Hi Anuj Trivedi Sir,
Thanks for valuable reply,
Yes sir I have completed almost 9 months like 270 days(approx) in my 5th year on what act can i get my gratuity can you explain, so I can check with my HR team,
Thanks in advance
Sudhakar

From India, Hyderabad
Radhakrishna K P
14

Dear Sudhakar, Please find attached the Madras High court judgement regarding Gratuity Payment. Regards, RK
From India, Mumbai
Radhakrishna K P
14

Dear Sudhakar, Here is the attachment. Which I have missed in the previous post. As per the Payment of Gratuity Act. RK
From India, Mumbai

Attached Files (Download Requires Membership)
File Type: pdf Gratuity Judgement for 240 days.pdf (1.55 MB, 629 views)

loginmiracle
362

Dear friends, In support, use the attached Supreme Court judgment and Tribunal judgments on this "240 days" stipulation for gratuity. kumar.s.
From India, Bangalore

Attached Files (Download Requires Membership)
File Type: doc SC on 4yrs and 240 days.doc (69.5 KB, 285 views)
File Type: doc 240 days Gratuity Act-Case Law.doc (74.0 KB, 231 views)

sudhakar346
1

Hi Radhakrisha sir and miracle sir, My Hr is saying that 240 days are working days, is this true So I have to deduct my Sundays and holidays Thanks in advance Thanks anf regards, Sudhakar
From India, Hyderabad
Radhakrishna K P
14

Yes sudhakar.. 240 Days should be excluding sundays and Holidays. The definition also says that continuous service of 5 Years and a minimum of 240 days in every year. RK
From India, Mumbai
Radhakrishna K P
14

Dear Sudhakar, Since Saturday is not considered as Holiday or weekly off, this should be considered as working day. Regards, RK
From India, Mumbai
sudhakar346
1

Thank you RK sir clearings all my queries, should I deduct my leaves from 240 working days or can I take my leaves as working days Thanks in advanced Sudhakar
From India, Hyderabad

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