Dear Ashish,
Yes, a minimum of 5 years is required for gratuity. You asked whether the training period or probation period is included or not.
When an employee joins, they receive an appointment letter that includes a salary breakdown and mentions the probation period. The employee receives all benefits such as PF, SA, perks, etc., similar to regular employees. Upon completing the probation period, the company may confirm the employee's services with or without a salary hike. The only difference lies in the notice period. Therefore, the probation period is indeed included in calculating the total service.
Regarding training, if an employee receives only a consolidated stipend and their engagement letter states that they are not entitled to rights as regular employees, then the training period would not be considered.
Please share your thoughts.
RRS