Hi Mr/Ms/Mrs Washington,
Please do not use a new thread of discussion with another post. You can post it separately as a new discussion or topic. Regarding your question on Gratuity, yes, gratuity will be applicable as he has completed his 5 years with an organization.
Example:
What is a year of service under the Gratuity Act?
A year of service means, for the purpose of calculating gratuity, he should have worked for 240 days in that calendar year. For instance, an employee had worked for more than 7 years, and the number of days worked in each year are as follows:
Assume that the total number of days per year is 303 days:
1st year: 300 days
2nd year: 255 days
3rd year: 298 days
4th year: 129 days
5th year: 310 days
6th year: 110 days
7th year: 303 days
Now, the employee is eligible for five years since he has not completed 240 days, which is the eligible criteria for two years. However, normally 99.99% of the companies do not follow this.
The application of the Act is extended to those who have completed 4 years and 240 days in the fifth year. For calculation purposes, the gratuity is calculated in multiples of 6 months. If an employee completes 6.7 years, the gratuity is to be calculated for 7 years.
Total days from 02/02/2004 - 05/09/2008 = 1645 days. The total number of off days (2 off days per week) during the working period is 468. So, 1645 - 468 = 1177 days worked.
I have read in one of the threads a comment saying that if you worked for 4.8 years, then you are also eligible for gratuity.
It's a simple calculation:
240 x 4 = 960
240 - 45 = 195
240 x 5 = 1200
960 + 195 = 1155
Even though the eligibility for gratuity is 4.8 years of continuous service, i.e., 4.8 x 240 = 1152. No issue, go ahead.