Gratuity eligibility for 4 years and 238 days - shortfall of 2 days only? - CiteHR
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I worked with Capgemini India, for 4 years and 238 days. Date of joining is 01 April 2013 and Date of release is 24th November 2017. I resigned with Capgemini in the 14th of November and got released by 24th only and I have buyout the notice period of 59 days by paying around 2 lacks rupees. That I did because my new opportunity I got requires early joining. Now, Capgemini is saying that I am not eligible for gratuity because I didn't complete 4 years 240 days. Please, advice am I not eligible and if eligible, and what exactly law says on the number of days of working to get eligible gratuity amount? is it strictly 4 years 240 days? I am a shortfall of 2 days only. So, is there any exceptions?
Please note that I have buyout the notice period. Is that notice period considered as employment because, I have already charged money?
This 2 days makes all the difference.
You may not be able to get gratuity from the company.

I heard there is clause which says, 5 days week working companies need to consider 180 days as 1 year. Is that not applicable to me as Capgemini also works for 5 days a week?
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