Umakanthan53
Labour Law & Hr Consultant
Arunmjadhav
Assistant Manager-hrd
Kumaresank
Labour & Industrial Laws
Rajeevdixit
Hr , Personnel & Admin
Ordysen
Administrator
Krishna Murthhy
Manager - Hr & Admn.
+13 Others

Hello everyone,
I have completed 4years and 7months of service with one of the IT companies. Am I eligible for gratuity?
details are:
DOJ: 1st July, 2008
Last date: Jan 31st, 2013
Notice Period was from Dec 31 to jan 31.
Am I eligible for gratuity? Any help would be appreciated.
Thanks in advance,
Regards,
Ashima

From India, Bangalore
Dear Ashima, It depends on the sate where you are. The rules change from state to state. Please mention the state.
From India, Hyderabad
Thanks Bhandhavi for replying back. I was working in bangalore i.e. karnataka.
Any help/ guidance would be appreciated. My office people said only when I complete 4years and 8months, i would become eligible.
Regards,
Ashima

From India, Bangalore
Hi, If you have completed 4.5 years and above you are eligibile for gratuity . after 4.5 years the remaining period is to be rounded off for calculation . Regards Rajeev Dixit
From India, Bangalore
Hi Rajeev, Thanks for the update! Is it possible to send some supporting document for the same? I can show it to my HR and request for clarification. Regards, Ashima
From India, Bangalore
Dear Ashima
The Act says that fraction of a half day should be considered as a full day and less should be ommited.
If you have completed 4 years & 6 Months it means you have completed fraction of half yar so it will be treated as a full year. Means 4.6= 5 Years.
suppose If you have completed 4 Years 3 Months the you have not compleated fraction of year means its less that fraction of half means it should be ommited. means 4.3 = 4 Years.
So you are eligible for gratuity.
Arun J.

From India, Hyderabad
Hi Arunji, Thanks for the update. My years come out to be 4.58. Still I believe I would be eligible. Any supporting document would help a lot. Regards, Ashima
From India, Bangalore
Hi Pls note if your organisation is 5 days working then gratuity is applicable on continues service of 4 years and 190 days. Others its 4 years and 240 days
From India, Lucknow
Hi
does it apply in Noida as well
i have worked from 1-june-2007 to 11-jan-12 and mine company was a 5 days working organisation
am i also eligible for the gratuity.however my company policy had it for 5 years
Hardeep Kaur

From United States
Yes Pls go through the act.and check the Sec-2A (2) where it mentioned.......................................................
From India, Lucknow

Attached Files
File Type: pdf Payment_of_Gratuity_Act_1972.pdf (612.4 KB, 579 views)


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