I joined on 17/02/14 with one of the leading NGO Hospital. Through a letter, I was informed that in view of the introduction of Electronic Medical Recording System, I was served a letter asking to quit my current employment with last working day on 30/09/2018 (two months notice period) and obtained my signature. On 30/9/18, I was issued Relieving letter with Sept 2018 Salary was paid. Also informed that in view of non-completion of 4 year 8 months, I am not eligible for gratuity that requires completion of 4.8 years of continuous service.
It is further informed that during 2014, 2015,2016 and 2017 number of working days each year was more than 300 days; Pls clarify Completed Year means 365 days OR Service renders more than 240 days in a year is equivalent to One Year Service?
5TH YEAR - 2018: In case taken into account from 1/1/2018, service rendered during 5th Year comes to 09 months/265 days.
If taken into account the date of joining i.e.17/2/2018 is taken into account, number of working days during 5th Year - 2018 comes to 7 months 14 days or 226 days. Kindly clarify whether I am eligible for payment of gratuity. May kindly be advised.

From India, Bengaluru
Dear Sunil,
From 17-02-2014 to 30-09-2018, your actual length of service in the organization comes to 4 years, 7months and 13days only. Therefore, you are not eligible for gratuity under the Payment of Gratuity Act, 1972 or as per the ratio decidendi of the case law cited frequently in support of a claim for gratuity by any employee who has not completed not less than 5 years of continuous service under the same employer.

From India, Salem

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