Gratutiy Eligibility

Hi Team,
I wanted to know if i will be eligible for gratuity . My date of Joining is 2nd July 2007, i am planning to resign on 1st Feb 2012 and i will be serving 1 month notice, will the notice period also be considered.
As per other citations in the website we need to be having 4 years and 240 days to be eligible.
Does this 240 days include
a. Sat/Sunday and Public Holidays given by company ?
b. Does it also include the leave taken by the employee ?
c. Does it include the notice period that i will be serving in the organization ?
Please help me.
Regards
Raj

Dear Raj
The reply to your queries are as under.
1)Sat and sundays and public holidays to be included
2) leave with wage sto be included
3) Notice period to be included provided you attend duty during the notice period or remain on authorised leave during the said period.
B.Saikumar
HR & labour Law Consultant
Chipinbiz Consultancy Pvt.ltd
Mumbai
Mob:09930532927

Hi Sai,
This is another Raj here... could you also let me know if any LWPs need to be subtracted from this? I am in similar situation and there have been two blocks of LWPs in my tenure.
I took 20 days LWP within first year of joining and then another 20 days LWP in the fifth year. Will these have any impact on the total number of days worked?
Please clarify and help!
Raj

Dear Raj,
Even when a employee has completed 5 yrs also and his total no. of working days is less than 240 days(In the fifth year) then he is not eligible for gratuity.
LWP is not counted as working day or paid leave.
Since you have worked for more than 240+ days ( i assume you completed 5 yrs or minimum 4.9 yrs) you are eligible for gratuity.

Dear Raj,
I cant clearly say since you have served only 4.8 yrs(240 days(approx) - assuming 1st march as relieving date). Moreover if you had any LOP in this year then you will not be eligible.
Even if you are short of 1 or 2 days also you will not be eligible.
Pls discuss with your HR. When you finally hand over kindly check your F & F statement where they will mention your gratuity amount.
Normally they will calculate for 5 yrs only so pls discuss with your HR and ensure you had completed 240 days before leaving else you cannot get it or when you go legally also you cannot get your money(if less than 240 days).