sanjaysaini7
Can i claim my gratuity in four years service, because my working days is 1200. And according to gratuity act 240 days in year for gratuity claim is considered present or pay days.
From India, Meerut
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Seasoned Ir Professional
Vmlakshminarayanan
Sr.manager - Hr&admin

vmlakshminarayanan
733

Hi, 5 years of continuous service with same employer is must to claim Gratuity. Total continuous five years service is the criteria.
From India, Madras
Madhu.T.K
4032

No. You cannot take the total days and divide it by 240 to establish that you have worked for 5 years. The basic requirement to qualify for gratuity is 5 years service. Once you complete 5 years, then you can see whether each year has at least 240 days so that you can assure continuous service.
From India, Kannur
dennis-blankenship
The requirement is a total of five years of uninterrupted service.



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From Vietnam, Hanoi
sandeeptomar2007
6

As per the High court Judgment minimum 4 years and 240 work days is required to get the same. Sandeep Tomar Head HR, Legal, HR, HRBP
From India, Delhi
rkn61
593

Minimum four years of continuous services and at least 240 work days in the fifth year, shall make you qualify to receive payment of gratuity.
From India, Aizawl
Madhu.T.K
4032

There are two high court verdicts Mettur Bearsel's case from Madras High Court and Sreeja's case from Kerala High Court) which says that 240 days service in the fifth years shall qualify for gratuity. But there is no such verdict from the Supreme Court nor there is any amendment made to the Payment of Gratuity Act based on these judgments. The dictum of a court shall be taken as a precedence but I don't think that that establishes a law. On the basis of these judgments the controlling authorities (of Payment of Gratuity Act) in these states may pass orders but it is a matter of law whether it will have a universal applicability. It can certainly a citation but not an established fact.

A plain reading of the payment of Gratuity Act reveals that 240 days in 12 months would only make a service continuous. Therefore, it shall only be considered for deciding whether the employee has continuous service or not and not for deciding his qualifying service. The qualifying service is five years and within these five years every year should comprise of at least 240 days. But the aforesaid verdicts have taken 240 days to prove a year's service. That is debatable.

From India, Kannur

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