Queries
mny
Hello All,
I am working with a Hr Company from last 6 years. Our company have 4 active employees now and had total of 17 employees till date from the date of its start. Is i'm eligible for the gratuity ?. Please advise.
8th August 2017 From India, Gurgaon

PARTICIPATING IN DISCUSSION:
Saswatabanerjee
Partner - Risk Management
Dmc123
Legal Consultancy
Mny
Hr
+1 Other

Once an organisation engages 10 or more employees, the Act remains applicable to it even if manpower reduces below 10. As such you are eligible to claim / receive gratuity.
8th August 2017 From India, Mumbai

mny
Thanks Srikant.

Can I claim it now while continuing the job??? Will they give the gratuity now?
8th August 2017 From India, Gurgaon

dmc123 45
Gratuity is payable upon termination, superannuation or separation only, therefore it will be payable if you are eligible at the time of resignation that is having completed minimum 5 years continuous service in the organisation.
9th August 2017 From India, Pune

The company may have had 17 employees in total from start till date.
But was the number of active employee above 10 at any point ?

If not then the act does not apply and you are not eligible for gratuity
10th August 2017 From India, Mumbai

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