Hi, I have joined my company on 11/05/2017, Iím submitting my resignation on 12/01/2022 (which is 4.8 years from the date of joining). My notice period is of 2 months i.e., 12/03/2022 (which is 4.10 years from the date of joining including the notice period). Whether Iím eligible for gratuity settlement?
Please do the needful help. Thank you

From India, Tarnaka
Doctor Siva Global Hr
Content Marketing Strategist
Krishna Battu
Quality Analyst

Dear Colleague,
You have to work out from your date of joining (excluding apprenticeship period if any). It is not 4.10 years. If your working comes to 4 years + 240 days then you may claim your gratuity as per the Judgement of Hon'ble High Court of Madras. Hence do your internal calculation and then claim.

For your understanding generally, an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing order, rules or regulations governing the employees of the establishment), lay off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of the Payment of Gratuity Act

From India, Chennai

Hello Krishna Battu,

Gratuity is one of the most crucial employment benefits in India. Every working individual should be rightly informed about the terms of gratuity.

Now, coming to your gratuity eligibility, YES you are eligible for gratuity payment.

If an individual is employed with the same company for four years and 240 days, then she or he is entitled to receive gratuity.

For more detailed information on the same, you should get in touch with the HR department of your current organization.

Hope this answer helps you.

From India, Noida

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