Gratuity Eligibility - PDF Download [Thread 392299]

Hi,
I joined on 1-8-2007 and resigned on 11-1-2012 with a notice period upto 31-3-2012.
Our employer relieved me on 31-1-2012 with full pay upto 31-2-2012.
Please let me know whether I am eligible for gratuity or not?

The following conditions have full fill for Gratuity benefit..
1. 5 yrs of service should be complete.
2. Training period should not consider as service period.
As you said you said, your service has not fulfilled 5 yrs of service. So that you are not eligible for gratuity.

Going by your joining date and relieving date, you are not eligible for the reasons Mr.Reddy already informed..
B.Saikumar

Dear Madhusudan
As per my Knowledge there is no provision of 3 years, if you have any documentry proof of the same please share with group. It will help us to solve many quarries.
Please find enclosed herewith Madras High Court judgement on eligibility of Gratuity for your refrence.

Gratuity eligibility consists with completion of 5 yrs of service.... after completion of 5 yrs you will be eligible for the same.... no provision for 3yrs as eligible for gratuity.

I read the coments of all of your professionals. Some of my candidates whom i got placed with a company in Noida are working from last 3 years. I understand that they are not eligible for gratuity but what if the company decides to close down. The company has suddenly decided to close down its operations and shut the offices. Will they be eligible for gratuity in such case. Pls reply.
Thanks
Kumar

Mr.Kumar
The Gratuity Act does not provide for fictional service in an establishment that is closed as there may not be an end to revel in such fiction and there may be claims for P.F & PL encashments etc on the basis of fictional service..However, if the employees are workmen, they cal claimcloser compensation under Sec.25-FFF of the Industrial Disputes Act 1947.
B.Saikumar
HR &Labour Law Advisor
Mumbai

Hi,
every body, just reading the conversation and would like to just add little clarification wrt period of 5 years of continuous services. The word "continuous services" defined in the Gratuity Act is an employee who completes 242 days of uninterrupted services; so, regarding entitlement of Gratuity, if an employee completes 4 years and 242 days of continuous services, he/she is entitle for Gratuity.
Ravi Kumar Jha
Manager Corporate Legal
CMC Limited (A TATA Enterprise)

As per my understanding eligibility period was 5 years. But now might be the rule gets changed. But I want to know when this changes happen. I need the cut off date.