Pravin Parte
Dear All
I have completed 4 years in Pvt. Ltd. company. After 4 years my service is terminated due to non performance. As per rule I am eligible for Gratuity after 4 years and six months. Just to save 2 and 1/2 month salary, Employer can terminate. Is this a loophole in the Act or is there any way to get my Gratuity. Please help me.

From India, Mumbai
Insolvency N Gst Professional
Srinath Sai Ram
Hr Manager


If you have evidence to prove that your dismissal was actuated by a desire to avoid gratuity payments, then you can go legal.
Courts will help if you can prove dismissal was illegal and non performance was an excuse to make you quit.

From India, Pune
Srinath Sai Ram

Dear Mr Pravin, Please note that there is no Rule as on date as per which you are eligible for Gratuity after 4 years and six months.please note that consequent to Termination of Service, you can question the same in an appropriate forum.Please focus on the same.
From India, New Delhi

Dear Pravin,
I fully agree with Mr. Nathrao.
Now you know their intention, therefore, do not submit resignation. Do not sign on any blank paper. Try to improve your performance. Gather data of your past and present performance. Insist on coming to duty for improving your performance. Try to secure the copies of your service record. Try to take leave if you have good number of earned leaves. In the 5th year of your continuous service, you need to complete only 240 days. Let them terminate your service. You can then challenge it alleging mala fide on their part before the Labour Authorities/Court.
Best wishes.

From India, Chandigarh
Srinath Sai Ram

Dear Jacob Sir, please note that Mr Pravin Parte Service is already Terminated. "After 4 years my service is terminated due to non performance"
From India, New Delhi

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