Gratuity - Pdf Download - Employee Caste

We Have a typical case in Gratuity. Would request to please advise A employee of Manager designation has worked with us for 4 Years 11 months and 12 Days. Is he elegible for payment of gratuity
Somraj Dey
Dy Manager HR

He/She shd have completed continues service of 5yrs (Continues service means 240 days in each yr)of service.

Yes he is ellgible for gratuity, becaue if the payment of gratuity is applicable, then more then 6 months will be round. IF act is notapplicable it will not be calculated. so first be confirm that in your compamny the act is applicable or not... generally company having employees more than 10 is ellgible for the payment of gratuity act.
rashmi

You can pay gratuity even if he is not eligible. I dont think you will get a clear answer from this group as it depends upon how you interpret the law so it would be better that you make your own interpretation and keep it lenient towards the employees.
Regards

Dear All,
I agree with the comment of vidhya that If a person continuosly work with 4 years and 240 days then He is eligable for Gratuity.
Regards,
ALPESH THAKKAR
ASST. MANAGER - HR
ADVANCED SYSTEK PVT. LTD.

Hi,
Person who has worked 4 yrs. & 240 days is eligible as he can claim a leave of rest 20 days (in case of 4 yrs. 11 months & 11 days.).
Rgrds,

Dear all
He is eligible for Gratuity if has worked 4 years and 240 days in the fifth year.
For your ref I am enclosing a judgment in this regard
S.Sethupathy
Excellent HR Services
Erode

Hi,
There have been various discussions on this topic earlier. One of the members had mentioned a court ruling (I think Chennai based), where the employee was granted gratuity on having completed 240 days in the 5th year and not acutually completing 5 years. Please refer.
When there is a confusion regarding the interpretation of an Act, I personally suggest that it depends on the management : i.e if they prefer to have a flexible or a rigid approach within the realms of the Act.
Regards

Mr Sethupathy seems to have read my mind and has posted his attachment while I was writing my reply. Thaanks Mr Sethupathy.
Regards

He will be eligible for gratuity. I am working in BHEL and here the gratuity is limited to Rs. 10 lakhs. (Basic pay + DA)
Rules
1.Service up