Is My Husband Eligible for Gratuity After 5 Years of Service? Seeking Advice!

My husband joined an organization on 15/11/06. He was under probation for 6 months. He will be relieved from this company on 14/10/2011. Is he entitled to claim gratuity? Please let me know soon.

Your husband has worked for more than five years in a company, so he is definitely entitled to get gratuity, provided that he should have worked for 240 days in every year.

Regards,
Ananathram Hariharan Iyer

Please check the appointment order of your husband to determine if the probation period will count towards the total service period. Some companies consider permanency only after the successful completion of the probation period, issuing a separate order of appointment.

Thank you.

Here is the calculator for Gratuity.

Regards,
Vinay Kumar

Gratuity Calculation

Gratuity calculation is: Basic + DA × 15/26 × Number of years (6 months or more should be considered as one year, and less than 6 months should not be considered).

The day he joined the company, whether during probation or confirmed, he is eligible from the day he joined as an employee of the company.

To receive the gratuity amount, an employee must complete 5 years without fail. Therefore, your husband is not entitled to receive the gratuity amount.

Regards,
Geetha

No, he is not eligible for gratuity because he has not completed five years from the date of joining.

Your husband has not completed 5 years of service, so he is not entitled to receive gratuity. Some people say that after the judgment of the Madras High Court, if an individual has completed 240 days in the fifth year, then the individual becomes entitled to gratuity. However, this is not correct because, based on one judgment, there is no change in the Gratuity Act. The Gratuity Act states that one is entitled to receive gratuity after completing 5 years of service.