I have completed 4 years and 6 months and 12 days in a startup, where during the initial years of the service I used to work 5 days and half day on Saturday's. Later the organization moved on to alternate Saturday working model, where we work 6 days a week during the first, third and fifth (if exists) week of the month and work 5 days a week during second and fourth week of the month. Will I be eligible for gratuity ? Do let me know. It will be quite helpful. I want through the all the judgements, I could not understand much from that.
Thank you in advance.
From India, Bengaluru
As per Payment of Gratuity Act, you are not entitled to gratuity since you have not completed 5 years of service. Now, based on some judgements reported from Madras and Kerala High Courts, if we say that 4 years and 240 days in the fifth year would qualify for gratuity, then also you will have to establish that you have worked for 240 days in the fifth year. It is true that for establishments working for 5 days a week instead of 240 days 190 days would qualify for continuous service. But if you get salary for 30 or 31 days a month the above concept of 190 days has no relevance. Therefore, it is not possible for you to demand that you have worked for 240 days in 6 months whereas you might have worked for a maximum of 192 days (6 X 30 days + 12 days ) in the fifth year.
From India, Kannur
No, You are not eligible for getting any gratuity amount from the employer under the Payment of Gratuity act, 1972.
R N KHOLA
From India, Delhi
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