In a 5 days/week work pattern, will I get gratuity if I leave company in exact 4 years and 9 months? - CiteHR
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In a 5 days/week work pattern, will I get gratuity if I leave company in exact 4 years and 9 months?
Rule is 5 years continuous service.
Why take such risks?

I have been offerred a very good opportunity from some other company.
I'll recover the gratuity amount in 2-3 months anyway if I take the offer.
But, 4.9 years is a big term, and gratuity is part of my salary, so I do not want to miss on it.

Though it was 5-day week working, you have been in continuous service for more than 4 years and 240 days undoubtedly, so you are entitled to gratuity as per the PGA. To clarify, the 240 days continuous service includes weekly holiday and other paid leaves.
The rule states 5 years of continuous service. If the lawmakers meant 4 years and 240 days, they would have said so. As far as I can understand from the letter and the spirit of the Act, a time period of 5 years should be there between start and end of the employment, during which time one should have worked a minimum of 240 days during each year for it to be considered as completed year. Beyond completed 5 years, that is in the sixth year onwards, if one works 240 days that year is considered as a completed year.
Correction to my previous post: If an employee completes more than 6 months after completing 5 years of continuous service, it is considered as a completed year. 4 years and 9 months of continuous service is considered as 4 years and 9 months of continuous service, but not 5 years of continuous or completed service. Where an employee has not been in continuous service during any year during any period of his employment, it will be considered as 'continuous' service if he has worked for 240 days during that period. The 240 days is applicable only when an employee has had a break of service for some days due to any reason, but has completed a period of 12 months on the payroll. 240 days applicability is only to determine 'continuous' service, not 'completed year' of service.
The legal position is settled after the judgement of High Court of Madras in Mettur Beardsell Ltd. Vs. The Authority under PGA 1998 LLR 1072. Section 4 of the Payment of Gratuity Act, 1972 provides that an employee will be entitled to gratuity on completion of continuous service of 5 years and while clarifying the 5 years complete service Madras High Court while relying upon the clarification by the Supreme Court pertaining to 240 working days in one year will be deemed to be continuous service of one year meaning thereby that there need not be complete 12 calendar months' service. MADRAS HIGH COURT has further held that an employee, who has put in service of 4 Years 10 Months and 18 Days in the 5 years, will be entitled to gratuity.
By virtue of the judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service.
As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principle can be adopted under the PG Act also and hence an employee rendering service of 4 year 8 months is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity.


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File Type: pdf Mettur Beardshell Ltd Vs. The Authority under PGA.pdf (1.55 MB, 35 views)

Hi,
4 Years 9 months is not mandatory.5 Days of working in a week,You have finish 190 days of working in a year.It is enough to get gratuity.(ie.,4 years 190 days)

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