Is My Friend Eligible for Gratuity After Resigning from a Private Company?

Dear Sirs,

I know this has been discussed several times regarding the eligibility for gratuity, but I want to inquire specifically about the situation of one of my friends.

One of my friends is working in a private limited company. He joined on 15th January 2005 and left the company by resigning on 1st November 2009 after providing uninterrupted service during this period. He submitted his resignation on 26th October and adjusted his remaining leaves to cover the shortfall of one month's notice period.

Could you please confirm whether my friend is eligible to receive gratuity?

Thank you,
Harish

Dear Harish, I agree with Malik that your friend has made a mistake by resigning from the job before completing the required service of 5 years as stipulated in the Payment of Gratuity Act. He resigned from the job without any consideration, and therefore, he is solely responsible for it. Today, you are asking about this, but it was something that should have been considered before tendering the resignation. Now, the action is complete.

Regards,
KIRAN KALE

Dear Harish,
You have mentioned that your friend worked from 15.1.2005 to 1.11.2005. His attendance will be as follows:
15.1.2005 to 14.1.2009 - 4 years
15.1.2009 to 14.10.2009 - 9 months
15.10.2009 to 1.11.2009 - 18 days

Those with a service of 4 years and 240 days are eligible to receive gratuity. In this case, as it is more than 4 years and 240 days, your friend is eligible to receive the gratuity amount.

Regards,
Abbas.P.S