Am I Eligible for Gratuity After 5 Years Including Probation? Seeking Advice

Hi, as per my organization's rules, an employee who completes 5 years becomes eligible for Gratuity. I joined in 2006. When I joined, I was under a probationary period of 1 year. After that, I received confirmation from my organization. Can anyone suggest whether I am eligible for Gratuity or not?

As per my organization's rules, an employee who completes 5 years is eligible for Gratuity. I joined in 2006. When I joined, I was under a probationary period of 1 year, then I received confirmation from my organization. Can anyone suggest to me if I am eligible for Gratuity or not?

Hi, now you are not eligible for gratuity as you served a probation period of 1 year. So, your total period of service will be 4 years. You need to complete one more year. However, if you have a good relationship with your top management and your performance is highly appreciated, then there may be a chance for you to be entitled to gratuity.

Please read the attachments and clear your doubts.

The period of probation is counted for eligibility for gratuity. The length of service has to be calculated from the date of joining. You will be eligible for gratuity under the Payment of Gratuity Act when you complete five years of continuous service reckoned from the date of your joining.

Check with your HR department about the company policy because some BPO companies have a policy where an employee who works more than 4 years will be eligible for gratuity. Therefore, eligibility depends on the company policy, although the criteria for eligibility is 5 years.

If you were issued orders (Probationary Orders) from your date of joining, you have the right to claim the gratuity. If you were kept under the Non Muster Roll group for the first year, it is difficult to prove that you have worked for that period. Please check.

Regards,
S. Sethupathy
Excellent HR Services
Erode

Mr. V. Hariharan is right. You will be eligible for gratuity as you have completed 5 years. The period of probation is to be counted for calculating 5 years.

Hi, as per my knowledge, any employee who has completed 4 years and 240 days is eligible for gratuity.

Gratuity Eligibility and Probationary Period

The probationary period is taken into account while calculating the length of service for the purpose of Gratuity. If you have completed 5 years, including the probationary period, yes, you are surely entitled to the payment of Gratuity. Cheers!!!

Vasant Nair

As per your appointment letter, if you had been appointed to a particular post and were drawing a salary as per the grade, the service period for payment of gratuity should be counted from the date of joining and not from the date of confirmation.

As per the provisions of the act, gratuity is payable to an employee when they work continuously for 5 years without any break in service. The training period and probation period are also calculated as part of the total length of service.

Regards,
GS

You are eligible for gratuity upon completion of 5 years, including the probation period, unless you are given a break after the probation, and a fresh offer is served.

As per the law, the maximum probation period is 6 months. Gratuity is eligible upon completion of 4 years and 240 days only.

Regards,
BASAVRAJ

Gratuity depends on the date of joining. First, you should seek advice from your HR head or unit head as they will provide you with complete information.

With regards,
Sameer K Ghosh

Yes, you are eligible for gratuity under the Gratuity Act. Employees who have completed 5 years (from Date of Joining to Date of Leaving) are eligible for gratuity. Many companies provide gratuity to employees who have worked for more than 4.6 years.

Thank you.

Dear Asha, as per the Gratuity Act, you are eligible for gratuity after continuous service of 5 years. Organization rules cannot overrule the Government rules. Gratuity will be paid at the time of separation from the company. It is calculated as the last Basic Salary + DA/26 X 15 X No. of Years (in your case 5).

You have to make sure no letter of discontinuity of service was served to you in the last 5 years for long absence or suspension. Leave Without Pay during the period will also be counted as continuous service only unless they have issued a letter mentioning it as a break in service, and you have personally received the letter by putting your signature as a receipt.

If they do not give you gratuity, tell the HR Manager, "I am filing a case in the Labour Court as per the Gratuity Act." (Print out a copy of the Act and read/keep it for further action.)

Gratuity is your right; you have earned it after loyal and sincere service of 5 years with the company. Nowadays, it is very difficult to find people like you who stick with the same organization for such a long time.

All the best.

Regards, Sreehariprasad.N Manager HR

Yes, the probationary period is considered while calculating the gratuity because it includes the number of years of service you have completed in the industry. However, it does not differentiate between whether you worked as a probationary or permanent employee. More importantly, it depends on the standing orders of the company, which clearly specify the criteria to claim the gratuity. I recommend reviewing your company's standing orders first.

Dear Asha Kakangarai,

Yes, the probationary period should be considered for eligibility for the calculation of gratuity because a probationer is also an employee of the company, albeit for a limited term, and enjoys all the benefits of a regular employee. Payment of gratuity is made only after the completion of 5 years of continuous service. In each year, the minimum working days required are 240.

Thanks & Regards,

Sumit Kumar Saxena
[Phone Number Removed For Privacy Reasons], [Phone Number Removed For Privacy Reasons]

The length of service is calculated from the Date of Joining and not from the Date of Confirmation. You are entitled to Gratuity by all means.

Eligibility for Gratuity During Probation

During your probation period, if you were on the company's payroll, then you are eligible for gratuity. According to the act, you must complete five years on the company's payroll. Please verify whether you were an on-roll or off-roll employee during your probation period.

Regards,
SAVITA VISHAL

Currently, the Gratuity offered by the company may be in accordance with statutory regulations. However, to the best of my knowledge, the probation period may not be covered. I kindly request you to verify the effective date of Gratuity for an employee in the company.

Best regards,
Ramesh Yandamuri

Clarification on Gratuity Eligibility

Standing Orders of the Company have nothing to do with eligibility for Gratuity. Please do not offer such baseless and incorrect advice.

Regards,
Vasant Nair

Hi All, I have worked for 5 years in the company. All amounts mentioned below are monthly amounts as of today, and I have completed 5 years. Can you tell me my Gratuity Amount?

Salary Breakdown

- Basic: 12000
- HRA: 6000
- Special Allowance: 8000
- Medical: 1250
- Conveyance: 800
- PF: 1200

Regards, Sanju

Dear Sanju, your gratuity would be calculated as (Basic/26) X 15 X 5 = 12000 / 26 X 15 X 5 = Rs. 34,615. Sanju, you have continued loyally for quite a long period with the same organization. If you are planning to leave and join another company, please make sure to talk to a few of the employees in the new place before making a final decision. We all spend 8 to 10 hours of our day in the office, and after putting in so many years, it must feel like a second home for you.

Mr. Vasant Nair, I like your reply.

Anyway, all the best!!

Regards,
Sreehariprasad N
Manager HR

You are definitely eligible for gratuity because it depends on the Date of Joining (DOJ) and the Department of Labor (DOL). Since you have completed five years, which is a requirement of the Gratuity Act, you are entitled to receive it.