Anonymous
I am serving notice period currently in a New delhi based company. I joined this company on 23rd Oct 2017 and my last working day with this company would be 23 Sep 2022. I know that it is 1 month short of completing 5 years but I have got a good opportunity that I can't afford to miss. Please guide how should I ask the current employer for a gratuity of 4 years and 11 months. What is the procedure as I am get a feeling that the employer will not give my gratuity! Kindly guide me, please.

Regards,
Sneha Gupta

From India, New Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
Advocate Prem Chanda Yadav
Silvassa. Www.lawglobalhr.com
Keerthipranav
Executive - Payroll
Malikjs
Gm (hr)

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Advocate Prem Chanda Yadav
7

This is provision
Payment of Gratuity Act, 1972 Section: 2A
Continuous service.
(ii) two hundred and forty days, in any other case;

(ii) he has been on leave with full wages, earned in the previous year;

From India, Mumbai
Madhu.T.K
3768

As per Payment of Gratuity Act an employee who has completed 5 years of continuous service is entitled to get gratuity. At the same time, an employee who has put in at least 240 working days in any period of 12 months only is considered as having 'continuous service'. This concept of 240 days has been interpreted as one year service and accordingly an employee who has put in four years and 240 days in the fourth year has been adjudged to have 5 years' service by High Courts of Madras and kerala in separate judgements. You may refer Sreeja Vs Regional Joint Labour Commissioner [2015 LLR 826] and Mettur Bearsell Ltd Vs Regional Labour Commissioner (Central), Madras. Please find the attachments.
From India, Kannur

Attached Files (Download Requires Membership)
File Type: pdf Gratuity-4 years+240 days-Kerala HC.pdf (649.3 KB, 20 views)
File Type: pdf Mettur Beardsel- Gratuity-4 years and 240 days.pdf (1.55 MB, 12 views)

malikjs
165

As suggested by Madhu ,yes you should get the gratuity but employer gives gratuity before completing 5 years of service as minimum criteria to become eligible
From India, Delhi
Keerthipranav
Generally in such cases employer should have a policy for gratuity payment
From India, Gurgaon
svjayakumar
According to the Gratuity Act 1972, an employee is eligible to receive a gratuity amount after completing five years of continuous service at one organization. The gratuity amount is paid to the employees once they retire, resign, or are laid off.
From India, Chennai

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