I'm quite unable to understand your question. When you are still in the services of the same organization, how does the question arise about your gratuity?
First and foremost, your organization should be an establishment covered by the Payment of Gratuity Act, 1972.
Second, there should be termination of your employment due to any reason other than dismissal on account of the misconduct of moral turpitude or riotous behavior during the course of employment and a notice for forfeiture of your gratuity should have been issued by the employer.
Third and the most important, you ought to have completed not less than 5 years of continuous service in the same establishment on the date of your termination.
By the by, do you intend to resign your job?
19th July 2018 From India, Salem
Yes sir. I am planning to resign from current job. I heard that in 4 years and 6 months i will become eligible for claiming gratuity and can be had after 5 years of tenure from date of joining in case if i resign in the 4 years & 7 months. This is i am not clear and i wish to clarify this from eminents like you in this field sir.
Thanks in advance for your valuable reply,
20th July 2018 From India, Pune
you are not eligible for gratuity. As per the Payment of Gratuity Act 1972 an employee is eligible to receive gratuity once he puts in five years of continuous service. Continuous service under the Act means uninterrupted service of 240 days or more in a year. Accordingly an employee can claim gratuity if he puts in a continuous service of at least 240 days or more in a year for five years.
At the same it is not necessary that he has to complete five years of service from the date of his joining. The Hon'ble High court of Madras in the case of Mettur Bird Sell Limited (Madras) Vs Regional Labour Commissioner (Central) Madras and others in Writ Petition No. 2135 of 1987 held that it is sufficient for the purpose of Section 25B (II)(a)(II) that the employee puts in a continuous service of not less than 240 days in a year. Accordingly the Hon'ble High court held that the employee is entitled to receive gratuity after putting in continuous service of not less than 240 days in the fifth year. As per that if is sufficient if the employee is in continuous service of 240 or more days in the fifth year. It is not necessary that the employee has to complete full five years of service from the date of his joining.
D. Phani Kumar
General Manager- HR
Heidelberg Cement India Limited
21st July 2018 From Singapore, Singapore
My joining date 11.04.14,Which date i am eligible for gratuity.After completing of 4 years 6 months, From Oct 15th 2018 to April 15th 2019 am going to take maternity leave.Shall i eligible for gratuity after completing of maternity leave or when will i work here to getting this.
23rd July 2018 From India, Coimbatore