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Surendra95
Please confirm below eligible for Gratuity Yes or No?

SALARY GRATUITY
1 P CHATTERJEE DOJ 13-Sep-18, DOE03-Sep-23
Total service 4YEARS 11 MONTH 21DAY
2 H NAGARCHI DOJ 12-Nov-18 DOE 04-Sep-23
Total Service 4YEAR 9 MONTH 23DAY

From India, Jaipur
Madhu.T.K
4193

As per section 4 of the Payment of Gratuity Act, 1972, gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years. Section 2A provides that an employee shall be said to be in continuous service if he has worked for 240 days over a period of 12 months. The same section also provides that if the establishment works for less than 6 days a week, a person will be in continuous service if he has worked for 190 days. These days are paid days, not necessarily physical days, but paid holidays etc will be counted as days worked.

There are a few High Court verdicts which says that an employee who has worked for 4 years and 240/ 190 days in the fifth year is entitled to get gratuity. Though the Supreme Court has not interfered, the dictum of these High Court verdicts shall be applied to your case also. Then both the above said employees would be entitled to gratuity.

From India, Kannur
Surendra95
What is the eligibility for gratuity in terms of completion of Years? Can we pay gratuity in 4.6 Year, if employee worked between 4.6 to 5 Year of service.
From India, Jaipur
Madhu.T.K
4193

Fraction of more than six months will not qualify for eligibility for gratuity but it shall be used for rounding off of the period of service. At the same time, as per the interpretation of section 2A, if the fifth year has 240 days' service, then he can get gratuity. Yes, if the organisation works for less than six days in a week, it can be 190 days. But just 4 years and six months will not qualify for gratuity.
From India, Kannur
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