Re: Gratuity For An Employee - Pdf Download

Can anyone suggest me if any employee works for 4 years and eleven months , he is eligible for gratuity or not?

Yeah...........It's right that one should have at least 5 year continuous service for the eligibility of Gratuity but there are certain orders of High Court that if an employee has rendered 240 days service in 5th year then he will be entitled.....

Hello everyone
The act does say five years but any period above six months is rounded off to one year .See section 4 of the act :_
Section: 4
Payment of gratuity.[/B]
(1) 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, -
2) For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days wages based on the rate of wages last drawn by the employee concerned:
Regards
Kirti

If the employee has worked for a continuos period of four years (240 days in each of these four years) and has also worked for 240 days in te last 11 months, he will be entitled to Gratuity.
Cheers!!!
Vasant Nair

No he is not entitle ... Minimum 5 years is required ... if he is serving a notice period after 4.11 years and he completer 5 years.... he is eligible for Gratuity.
Regards,
Mihir Vashi.
Ma Foi Management Consultants Ltd.

With out completing continuous service of 5 years, he is not entitled for Gratuity. If any body is having any notification please attach for information.
THANKS
Thiru

Desr Bhuwnesh
Any person who has completed 4 years and 6 month one day will be entitled for Gratutiy and number of years taken for calculation will be 5 years if it would have been less than 4 years and six months it will be taken as 4 years and that person will not be entitled for Gratutiy.
Best Regards,
Shikha Agarwal

One is entitled for Gratuity only after completion of 5 years i.e. Complete 5 years ( 60 Months ). I worked for an organization for 4 years and 10 months-- I did not get the gratuity. Well, the round off to 1 year as quoted by Kirti is applicable only after the completion of 5 years. i.e 5 years 6 months will get rounded off to 6 years and 5 years 5 months or less will get rounded off to 5 years. Hope this is clear!!
If you want Gratuity before 5 years then better to Join TESCO as they say; they provide gratuity after 3 complete years :) but this is not as per our Indian Government Gratuity Act

All,
I think there is misinerpretation of the section. 5 years of continuous service is mandatory for any employee to get the gratuity benefit. And after completion of 5 years as mentioned in the others comments 240 days of working will be considered( only for sixth year onwards.
Assuming an employee worked for 5 years and 240 days, the gratuity would be calculated for 6 years.
But 5 years is mandatory unless until employee is PTD or died.
Suresh

If an employee has worked for a continuous period of 5 years and 6 months, he is not only eligible to payment of Gratuity but entitled to Gratuity calculated for 6 years.
He need not work for 240 days in the sixth year to be entitled for 6 years' Gratuity.
Cheers!!!
Vasant Nair