I am working in the one IT company since 12-May-2010 and i have resigned on 24-Jan-2015 and my last day of company will be 24-Mar-2015. Till today i have completed 4 years, 9 months .We have 5 days a week working company .So whether i am eligible for gratuity ? I have gone through many blogs some says i am eligible . If i am eligible then please help to get some legal document which says that i am eligible.
If yes How to process further for prove HR team.
Please help..!

From India, Ahmedabad
Apex Management
Labour Laws Consultants
Korgaonkar K A
Gm (hr)
Consultant-labour Laws
Manager- Hr Compliance
Sr. Project Manager
Amit Sheth
Hr Manager
+4 Others


Yes, you are 100 percent eligible. No doubt in that. I also had city completed 4 yrs and 8 months in my last company but company was denying initially to give gratuity. Later they gave me the gratuity when i produced some legal documents to them.
From India, Bangalore
korgaonkar k a

Dear Djoshi26, If I am your past employer, I would have not paid you the Gratuity unless you were subjected to judiclature of Madras HC. This subject is discussed earlier many times in this forum.
From India, Mumbai
Dear friend, If you have completed more than 5 years and, say complted 6 years and 7 months, then you will be considered as 7 years for gratuity calculation. Mind it, that you should have continous service without any break for 5 years. If so you are eligible for gratuity.>>>>>>>>>>>b.sekar
From India, Chennai

5 yrs of service is must. please use this link for Calculations Gratuity Calculator: Online Gratuity Calculator to find the Gratuity
From India, Chennai

But in some section i have read of Act it is mention that 240 days is fine . In definition of continuous service it is mention they mention like this.
From India, Ahmedabad
sp rathi

Dear gratuity is completed after 4yr 6 month and your working period is more than this so you are surely ok for it
From India, Delhi

Based on some of the judicial pronouncements, if any employee completed 4 years and 240 days of physical working days in 5 th year , he is eligible for gratuity.
From India, Bangalore
korgaonkar k a

Dear Friends who are of opinion that Gratuity is payable even though the employees have not completed 5 years service, May I request you Sirs, supportings for your say?
From India, Mumbai

Dear Manan,
You are eligible for gratuity. as per law it is 4 years and 240 working days. when we say working days it means 240 days for which you have received salary irrespective of 5 or 6 days working in the week. many employer and even human resource personnels deny giving out because of non awareness of this fact of 4 years 240 days. Even in this posting you will find people posting you as non eligible. Don't worry if your employer says no then please write to me on to get the ruling copy which supersedes all.
Harpreet Walia.

From India, New Delhi

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