Am I Eligible for Gratuity After Working 4 Years and 8 Months? Seeking Advice

Dear Sir,

I worked in my previous company for 4 years, 8 months, and 16 days before being relieved. Am I eligible for claiming Gratuity? My date of joining was 16/08/2005, and the date of relieving was 01/05/2010. Kindly let me know your comments.

Regards,
S. Suresh
Email: sjsuresh_21@rediffmail.com

Dear Suresh,

You are eligible for gratuity if there is no break of service during this period. Please find an attachment which might be of help to you.

Regards,
Amitava

My name is Ashish. I joined my current company on 02/05/2006. I will complete my 5th year on 01/05/2011 based on the calendar calculation. If I resign in mid-January 2011, i.e., the total working period with the company is greater than 4 years and 8 months, should I be eligible for gratuity? Also, please note that I have been on medical leave for approximately 3 months in these 4 years and 8 months. Please clarify.

Regards,

In case you resign after working for a continuous service of 4 years and 8 months, you are eligible for claiming gratuity.

Regards,
Amitava

Hi Amitava, I saw the PDF copy of the Madras High Court judgment. Thank you for the same. However, the initial paragraph of the judgment is a bit confusing. It says 240 days minimum, then subsequently, it says 10 months and 18 days after 4 years completion. Is it 4 years and 8 months or 4 years, 10 months, and 18 days for the eligibility of Gratuity?

Regards, Sundar

Continuous service of 240 days every year and by the 5th year, you should have completed at least 4 years, 8 months, and 18 days.

Regards,
ASK

Hi all,

Has anyone received gratuity after working for 4 years and 190 days in a 5-day working company? I have completed 4 years and 203 days in a company that operates on a 5-day workweek. However, my company insists on the requirement of 240 days, stating that the 190-day threshold applies only to those employed underground in a mine.

Thank you.

Dear All,

As per the Gratuity Act, 190 days are for those who work below the ground level. Based on his statement, it appears that he is not working below ground level nor in the mining industry. Additionally, his company operates for 5 days a week. I also require clarification on this issue, please.