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Hello Everyone,
In my company I have a person who has completed 4 years 8 months of continuous service. Is he eligible for gratuity?
I know one has to complete 5 years. To see the continuity of service, 240 days should be completed every year. So thsi employee has not completed 5 years but completed 4 years and 240 days. So will he get gratuity or not?
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As per your information, employee is working with experience of 4 yrs. and 8 months but the person completes more than 4 and half years will be considered as 5 yrs.[round off concept]. he is eligible to get gratuity. This is the common process. some times company may fix the rule that employee should exactly complete 5 yrs. then only the gratuity payment will be released to them. please follow the common process which i mentioned above.
I need help here I joined job in March 2012 and left the job in March 2013 and again I joined same company in September 2013 and working with same company till now will I'll be eligible for gratuity.
As per Gratuity Act, one should complete full 5 years of service.
The Madras High Court gave a verdict, that if any employee completes 4 years and 6 months above service, it should be treated as completion of 5 years and the employee is eligible for Gratuity.
This will applicable to Tamilnadu only.
Many Employers are following the Madras High Court judgment as the Gratuity payment is for employee benefit who served for their concern.
Very few companies are strictly following the Full completion of 5 years of service.
Gurumurthy,Judgements of High Court are applicant across India. Check supreme Court judgement on this. Only interim orders are applicable to the state only.
Dear All, Kindly suggest what is a time limit to clear gratuity amount. If I left my company June’2016 so when can Company release my Gratuity amount. Regards Anand
maximum process time for the gratuity is one month. employer will take to process the employee gratuity maximum of 30 days.
first employment was terminated in one year and second employment is continuing till date as per your email.
you do not consider the first employment experience. you have to calculate the second employement working tenure. if it is completed 5 yrs. means you are eligible for Gratuity. Hope you can understand this.
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