Am I Eligible for Gratuity with Unused Leave from My 2007-2012 Employment?

My date of joining was October 19, 2007, and the date of leaving the company is July 17, 2012. Also, I had not availed my earned leaves, i.e., a total of 19 days. So now, please confirm if I am eligible for gratuity money or not.

The earned leave is in no way connected with Gratuity. The latest amendment states that a person is eligible for gratuity if they worked for 4 years and 240 days in the 5th year. Please check the number of days you worked during your 5th year.

Regards,
Alphonse

If you have not availed earned leave, please refer to your company policy. A person eligible for gratuity should have completed 5 years.

Thank you,

Vandana

Clarification on Gratuity Eligibility

Regarding your query on the above subject, there is no connection between Earned Leave Settlement (ELS) and Gratuity. Please refer to Section 4 under the Payment of Gratuity Act of 1972 for eligibility criteria. It describes that an employee who has completed or rendered 5 years of continuous service in an organization at the time of resignation, retirement, reaching the age of superannuation, or any other contractual agreement between the employee and employer is eligible for Gratuity. However, in the case of death or permanent disablement, the requirement of 5 years of continuous service does not apply.

Understanding Continuous Service

Continuous service refers to an employee who has worked more than 240 working days in a calendar year, excluding leaves, weekly offs, holidays, etc. Only actual working days should be considered for the calculation of working days. If an employee experiences temporary disablement due to injury or a female employee goes on maternity leave, those days should be counted for the calculation of working days. In the event of a strike or lockout, the part of the situation...

Regards,

Please note that EL is not connected with gratuity. You may only be eligible for gratuity if you have completed 5 years or 4 years and 240 days in the same organization. Regarding your balance earned leave, you may apply to encash the same as per the company's policy. If you have already resigned, the same will be cleared at the time of final settlement.

Regards,
Atul Sinha

Thanks for your replies. I am still confused about whether I am eligible for Gratuity or not. I joined the company on 19th October 2007 and left the same organization on 17th July 2012.

Gratuity Eligibility Query

In the last four years, I worked permanently in the same organization, and I did not take any leaves in the 5th year except for weekends and official holidays. If I count my 5th year days from 19th October 2011 to 17th July 2012, the total days come to 272. However, if I subtract the weekends and holidays, the total days come to less than 240.

Can you please confirm if I am eligible for Gratuity money?

Warm Regards,
Sourabh