Can I Claim My Gratuity After Resigning Five Years Ago? Seeking Advice on Eligibility

Can I claim my gratuity after five and a half years since I joined a company on 1st March 2000 and resigned from my job on 13th June 2005? Please tell me whether I can claim my gratuity now.

Regards,
Madhavan Rao
[Phone Number Removed For Privacy Reasons]

Sure, you can claim gratuity for the working period in that company from 1st March 2000 to 13th June 2005. You can get 6 years of gratuity as per gratuity rules. Gratuity is one of the facilities provided by the company itself.

Regards.

Sure, according to the rule, you are eligible for gratuity after completing 4 years and 6 months. You can claim gratuity for the working period in that company from 1st March 2000 to 13th June 2005. You can get 6 years of gratuity as per gratuity rules.

Gratuity is one of the facilities provided by the company itself.

Yes, you can claim your gratuity if you complete 5 years of continuous service in the same organization. You are eligible to claim it. If it's 5 years and more than or equal to six months, like 5 years 6 months, then it will be considered as 6 years. However, since you have not completed your six months, you are eligible to claim for 5 years.

Different Ways of Calculating Gratuity

There are different ways of calculating gratuity as well. If you have further queries, please contact:

Regards,
Manish Dutta
[Phone Number Removed For Privacy Reasons]

Having served for more than 5 years, gratuity is your right. You must claim it without any hitch.

Please let me know whether you joined as an apprentice/trainee or regular employee. Have you been provided with an appointment order? If so, what is mentioned in the appointment order? Normally, a person is eligible for GRATUITY after completing continuous 5 years of service (each year requiring 240 working days). In your case, you need to clarify my doubts so that I can assess your eligibility.

Regards,
R. Palaniswamy

Gratuity Act at a Glance:

1. Sec. 2e: Employee means a person employed on wages (other than an apprentice).
2. Sec. 2s: Wages means Basic + DA.
3. Sec. 4: Gratuity shall be payable on the termination of the employee, i.e., superannuation, retirement, resignation, death, or disablement due to accident/disease, to an employee who has rendered continuous service for not less than five years. This continuous service of five years is not applicable in the case of the death of an employee.
4. Sec. 2A: Continuous service means 240 days.
5. Sec. 4(3): The amount shall not exceed Rs. 10 lakhs (wef 01.05.2010 as amended).
6. Sec. 4(6): The gratuity can be forfeited to the extent of the damage caused to the company when any employee's services are terminated on that misconduct. Secondly, the entire amount can be forfeited where the employee's services are terminated on the offenses of moral turpitude during the course of employment.
7. Sec. 4(2): Computation: (Basic + DA / 26) x 15 x number of completed years of services. In case the service is a fraction of a year:
- If the period is more than six months, add one more year (5 years 8 months = 6 years).
- If the period is less than 6 months, limit to the completed years of service (5 years 5 months 15 days = 5 years).

8. Sec. 5: Exemption: In case such organization is extending the benefits not less favorable than that under the Act.
9. Sec. 9: Penalties: Whoever contravenes the provisions of the Act is punishable.
10. Sec. 4A: Compulsory insurance: Employers shall obtain insurance in the manner prescribed for their liability for payment towards gratuity under this Act, from the Life Insurance Corporation of India established under the Life Insurance Corporation of India Act, 1956 (31 of 1956), or any other prescribed insurer. (See attachment)
11. Sec. 10: Protection: No gratuity amount can be attached under execution of any decree or order, either civil or criminal whatsoever.

Suggestions/corrections, if any, invited.

Regards,
Yagniah K
Manager - HR
[Phone Number Removed For Privacy Reasons]

You can claim as per the above duration but only after breaking the service. Are you currently in service or have you resigned?

Best Regards,
HR Team

You can certainly claim gratuity for the 5 years of continuous service you have rendered to your company. If you want to calculate the amount of gratuity you will receive, use the following formula: last month's drawn salary / 26 * 15 * 5. This calculation will ascertain the amount you are eligible for.

Thanks and best regards,
Abhinav Gautam.

Congratulations on completing 5 years in your organization! You are now eligible to claim the gratuity.

Warm regards,
Sanjay Sharma

Congratulations on completing 5 years in the organization! You can claim the gratuity if you are leaving the job.

Best regards

Here's the formula to calculate the gratuity you are eligible for: last month's drawn salary divided by 26, multiplied by 15, and then multiplied by the number of years of service.

Regards,
Abhinav Gautam.

You can claim your gratuity after five years of continuous service from the previous employer.

Regards,
Banarasi

If anyone completes 4 years and 240 days, they are eligible for gratuity. If they leave the organization, the employer has to pay the amount along with other settlements. Alternatively, if they are covered by EDLI, the employee will receive the payment from LIC as per the ACT within a month. In the event of death during service, LIC will pay the amount to the nominee based on the service, with a minimum of 1.62 lakh for death benefits.

Regards