Gratuity Applicability- For 4.10 Years Continuos Service

Good Evening Everybody ::
Please confirm that an employee who have completed continuous 4 years and 10 months service in a company is eligible for Gratuity ???????????
Please forward if there is any provison in the act regarding the same.
NAIB SINGH

Dear Mr.Singh,
Gratuity is paid on completion of 5 years of continuous service and on superannuation or resignation after 5 years. And not before 5 years unless the termination of the employment is due to death and permanent disablement.

Hi Shreekant..
Thanks for your information and pls give me ur answer to my question... i am working in reputated MNC(BPO).
If an employee works 6yrs in a company.
case 1: From joining to 3 yrs works as full time employeee and for next 1 yr as part time employee due to some reason and again shifted to full time employee up to last day..( at the time of leaving he is full time employee). In this case how he is eligible for gratutiy?? and
Case 2: up to 4 yrs he works as full time and at the time of leaving he is part time employee.. In this case how to calculate his gratuity and which salary we need to consider??
Pls clarify inthe two cases.
I am facing the same cases in my company

Dear Gupta,
Case 1: Gratuity is paid to an regular employee who completes 5 years of continuous service and at the time of retirement, death or permanent disablement.
Case2: The act is silent about part time employment, unless he is piece rated employee/monthly rated employee/ seasonal employment. Hence the permanency of the employment is taken into consideration here also.
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