Saswatabanerjee
Partner - Risk Management
Jeevarathnam
Sr. Manager Hr/admin
Mahr
Head - Human Resources
Riteshmaity
Labour Law Advocate
Bhagyaraj83
Assistant Manager Hr

Dear All,
Greetings..!
I am a HR professional having 6+ years exp as Generalist role. I have worked for manufacturing company in Hyderabad and resigned in 2015 April 7th. This completes my 4 years 11 Months and 7 Days.
I was requesting my employer to pay my gratuity payment, where they are refusing to pay as act says that we need to work minimum 5 years / on completion of 5 years are eligible.
Can anyone suggest on my case, what kind a step I can take.
Thanks
M. Bhagya
Hi Bhagya, You are eligible as you have completed 4 years and 240 days in the 5th year. Might be they are not aware. You will find the proof in web and try to convince them, if not move legally.
There is a very well known case, the decision given by the supreme court says that you are eligible for gratuity if you have completed half of the 5th year.
You can find the decision on the net and show it to your employers.
If that does not work, you need to file an application for gratuity (format given in the act)
If they dont pay it within 30 days, you can approach the labour commissioner in the area with a compliant. He will be bound by law to send a notice and ensure that the company pays you gratuity
As of now the bare Act says 5 years only & there is no amendment in the act. But there is only a judgement from Chennai High court for 4 years & 240 days.
Period of gratuity calculation is from the day joined the organisation till the last working day. Many people thinks as the day employee joined and thats wrong
You will be eligible for gratuity for 4 years and 240 days in the 5th year. Apart from convincing your employer to release gratuity by whatever way, you can approach legally by the following methods:
1. Send FORM I to employer within 30 days from last date of work
2. If the employer does not respond file an application under FORM N before the controlling authority under the Payment of Gratuity Act. Ideally FORM N should be filed within 3 months, otherwise the delay has to be condoned by filing another petition/ application for condoning such delay.
Mr. Saswata & Mr. Ritesh has aptly answered your query, please follow it
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