Gratuity Eligibility - Resignation After 5 Years In MNC

Sandeep Gupta
ADVOCATE F18 KARKARDOOMA COURT,
KARKARDOOMA
NEW DELHI
Mobile : 9891874077
Email : advosandip@gmail.com
April 15, 2012
------------------- sachin … Querist
O P I N I O N
I refer to the Querist’s email dated April 13, 2012.
The Querist seeks my opinion as to certain employees having made a claim for gratuity, who have worked for four years and in the fifth year, have worked for 240 days but have not completed five years of service. The Querist further seeks my opinion as to whether the concerned employees in such a case would be entitled to payment of gratuity under the provisions of the Payment of Gratuity Act, 1972 (the said Act)
The Querist’s kind attention is invited to Section 4(1) of the Payment of Gratuity Act, which is reproduced as under:
“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:-
(a) on

There was typing error in this post:if employee has completed 4 years and 8 months of service. if the employee has not taken Leaves without pay for more then 20 days then he will be eligible for Gratuity. as per HC decisions employee completing 4 year and 8 moth is eligible. last eight moths are considered as 1 year if the days calculations comes to 240 days total (Paid Woff+Actual Working+ Paid Holidays). 1 year= 240 days 1 month =24 days if month contains 30 days on average then =30*8=240
attribution https://www.citehr.com/450869-gratui...#ixzz2KwkYRESj

Dear Sumit ji, there was typing error in this post:he employee has completed 4 years and 8 months of service. if the employee has not taken Leaves without pay . as per HC decisions employee completing 4 year and 8 moth is eligible. last eight moths are considered as 1 year if the days calculations comes to 240 days total (Paid Woff+Actual Working+ Paid Holidays). 1 year= 240 days 1 month =24 days if month contains 30 days on average then =30*8=240
attribution https://www.citehr.com/450869-gratui...#ixzz2Kwjt76E5

Dear
Though everybody has commented that you are eligible. I am also having same view however you have to check that whether your MNC is situvated in SEZ. Some the labour laws are not applicable to the companies working in SEZ
rgds
MS Lenin

Dear Hari,
Sure you are eligible after completion of 240 working days in your 5th year and the notice period also includes in your working days as per sec 4 of Payment of Gratuity Act, 1972.

He did not complete 5 years tenure ,hence not entitled.
regards
bk mohanty
Cypress Management Associates
9937822563