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Finance Manager
Kamalkantps
Advocate
Vivaek
Hr Manager
+4 Others

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Hi , I have completed 4 yrs and 11 months in current organization and when I inquired about the gratuity with my HR the denied stating that as per company policy to be eligible one must complete 5 yrs . And the LAW for 4 yrs 240 days is only for Madras state .
is there any way i can receive my Gratuity ..what should i Say or can some one provide me with proper document so that i can discuss this with my HR .
Please Help me guys

From India, Bhiwandi
If you have worked for 240 days in the fifth year, then it must be considered as one year service as per madras high court judgement. you are eligible for gratuity.check with your labour officer
From India, Kochi
Hi friend,
As per Gratuity Act 1972 Section 4 (1) it's clearly says that :
Gratuity is payable to a person on (a) resignation (b) termination on account of death or disablement due to accident or disease (c) retirement (d) death. Normally, gratuity is payable only after an employee completes five years of continuous service. In case of death and disablement, the condition of minimum 5 years’ service is not applicable.
So, In your case gratuity is not applicable.

From India, Mumbai
Dear Member, The Madras High court decision was given in the case of Mettur Beardsell. With regards, S. Srinivasan
From India, Chennai
As advised by other forum members please do the formality and let the competent authority take a final call. With regards to Madras High Court judgment, that was for particular case of Madras, the same can be referred by other courts but it is not mandatory to follow the same judgment throughout India. A judgment from Supreme Court is applicable to all court across India.
So please apply for it

From India, Ahmadabad
According to rule you will eligable to receive when you will complete 240 days service in 5th years please check then you have to fight for gratuity. We think defenity you had 240 days service in 5th year because you are in the month of 11 know.
From India, Bangalore
Please follow the suggestions.
But I think should mail your HR (No verbal communication) and wait for her reply.
This email communication will help you to represent your case more stronger. (Present this as a proof).
Regards,

From India, Gurgaon

If your HR Dept. is saying that you are not eligible for gratuity then there might be some reason behind this.
Please share the reason of non payment of gratuity then only all knowledgeable persons here at cite hr can reply. Without knowing the HR View i dont know how people sugesting you.
Thanks & Regards

From United States
Before passing comments that how people suggest, it would be wise if you read the query in detail, the member has sought their view from the forum that his HR states that he is not eligible for gratuity for the reason he has not completed 5 years, instead he has completed his tenure with the company for a period of 4 years and 11 months.
From India, Ahmadabad

Dear Mr. Naji,
Just for your knowledge gratuity is payable only if he had completed 240 days in his 5th year.
point no 1 - What if he was on leave on his 5th year for many days and he is not completed 240 days.
point no 2 - What if he was on training basis or on contract for his 1 or 2 years of joining the organization.
point no 3 - What if he was on long leave during his working tenure and he not completed the gratuity requirements.
Hope you are clear now Mr. Saji from Nidra hotel,,,,,,Thats why i said let us know his HR point of views in that case bcoz he only knows what's the reason behind his saying. I dont think his HR would be a duffer like you had made him in your mind.
Thanks

From United States

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