I was in the company from 2/2/2013 to 15/11/2017. My last day of of job was 15/11/2017. Company did not release my Gratuity amount on the basis of 5 yrs policy, Though company does not have any policy for Gratuity. As I read somewhere employee is entitled to get Gratuity if he/she completes 4.9 yrs of continuation service. What action should be taken? Can anybody provide me that ruling or amended clause ?Please guide me.

From India, Pune

As a rule it is 5 years of continuous service which entails you to automatic gratuity payable, if applicable to your company. However if a person has to resign/ superannuates or is terminated in the fifth year, 240 days of service in the 5th year can be argued to be full year. Since you are the aggrieved party you may put in a diplomatic letter /email stating that you are eligible to be paid gratuity as per the Act. If the company responds with why they think you are not eligible to be paid you may take the next course of action and cite the judgments which were in favour of the petitioner/aggrieved employee.
Thanks and Regards

From India, Hyderabad
Yes you are right AKS find the enclosed judgement to support your claim Sethupathy Excellent HR Services, Erode
From India, Coimbatore

Attached Files
File Type: pdf Gratuity - Madras HC judgement.pdf (1.55 MB, 98 views)

As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2). This means 4 years + 240 days in the fifth years of contineus service.
Thanks & Regards,
Sumit Kumar Saxena

From India, Ghaziabad

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