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Sir,one employee has worked 4 years & 6 month and he is being retrentched due to completion of construction work whether he is eligible to get gatuity?
NO GRATUITY ENTITLEMENT ONLY AFTER 5YEARS CONTINIOUS SERVICE. HE MAY BE PAID OTHER BENEFITS DUE TO COMPLETION OF PROJECT BUT NOT GRATUITY AMOUNT.
As per the latest amendment in Gratuity Act 1972, eligibility for gratuity is 4 years and 240 days. As per your query he is not eligible for gratuity as he has completed 4 years and 180 days.
Would like to advice to seek expert advice / legal and check under retrenchment clause is their any rule before any decision.
Would like to advice to seek expert advice / legal and check under retrenchment clause is their any rule before any decision.
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#Listed In: payment of gratuity act payment of gratuity gratuity act 1972 eligibility for gratuity gratuity act Country-India City-India-Noida construction work
Mettur Beardsell Ltd Vs RLC (Cent) & otrs 1998 LLR 1072 about Gratuity Entitlement.pdf
Construction Accident.zip
