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I am in working in a private limited company which follows a five day working week for 4 years 8 months and 20 days. Am I eligible for Gratuity payment on resignation? Regards, Indradeb
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According to Payment of Gratuity Act, 1972 & Rules, an employee is eligible for getting gratuity after the completion of five years in a organization. On the other hands, if a worker have worked for 240 days a year is complete. It is not the matter whether a six working days in aweek or 5 working days in a week. In my opinion after the completion of period of five years you will be entitled for getting the benefit of gratuity, wether you work any more or not.
( G K Sharma )
You are not eligible for gratuity since you have not completed 5 years. The question of 240 days comes into picture for deciding whether an employee was on continuous service or not and as such a person who had worked for 240 days (above the ground or 190 days below the ground) in a year is deemed to have continuous service for that year.
The provisions relating to six days week and 190 days of work was provided after the ruling by the apex court in Lalappa Lingappa Vs Laxmi Vishnu Texiles Mills, Sholapur, to safeguard the interests of those employees who would be denied gratuity for want of minimum days (240) in between the years. Here also completion of 5 years is mandatory. Once eligible for gratuity, if in any year one has not worked for 240 days, that year can be counted as continuous provided he was working for at least six days in a week and had worked at least for 190 days in the preceeding year.
The Gratuity is only Payable after 5 years on the latest Amount of Basic and DA.
You have to do the continuos service for that i.e. without any absentessm but you can take your Holidays.
Hope this information will help u more.
No, You should have to complete Five years service, which must be Continious for the eligibility of Gratuity. Working Days are dosn't matter for the eligibility, even there is '5 days week'. But for continious service 240 working days should be counted for every completed year of service.
In your case, if you will be releived off after more than 3 months then you could have the right for Gratuity. which can be payable for 5 years of service.
Atul S. Malve
Dear Inderdeb,
I have gone through your queries, As per Gratutity Act, You are not completed 5 Yrs. so you are not applicable for Gratutity. For Gratutity, You should be worked for Five yrs. then you are entitled for that.
To: Mr.Madhu T.K.Sir,I face a case regarding gratuity in my company.One employee left his on completion of his service period for 4 years 9 months.As per order of Kerol Highcourt (the paper is not with me) any body is eligible for gratuity after completion for 4 years 8months .Is is right ? Please help me in this matter.Regards,Swarnali Banerjee
entitlement of gratuity is only after complition of 5 year continuas service and 240 days is the minimum working condition per year to establish the contineous service of fi ve years
Gratuity is applicable after completion of 5 year but in last year i.e. five year must complete 240 days then employee is elegible for the gratuity. after that below six month not count any day and completed six month then count full year suppose any employee worked 5 year 6.2 month then count 6 year and worked 5 year 5.9 month then only count 5 year.
Manoj Kumar

Five years of service is mandatory for an employee to be eligible for gratuity under the Act. The rule about counting part of the year's service etc. for eligibility of payment are relevant only for calculation of the amount payable, when the employee has not worked during all the weeks of the year.
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