Gratuity Eligibility 4 Years And 190 Days? - PDF Download

Dear Sirs and Madams,

I work for an MNC company, and until my last day, I completed 4 years, 11 months, and 5 days of service. According to the gratuity act, eligibility requires 4 years and 190 days. For a company that operates five days a week, the last year should be equivalent to 190 working days of continuous service. Based on this, I believe I should be eligible for gratuity. Am I correct? However, my company insists that I must complete 5 years. How can I convince them? If they disagree, what course of action can I take?

Thank you.

Dear Mr. Sanjay,

Any person employed on a salary basis should have rendered continuous service of not less than five years at the time of retirement or resignation to be eligible for gratuity.

In the event of death or disablement, gratuity is payable even if the employee has not completed five years of service.

Hi,

I hope the attachment is helpful to you. As per the judgment, it is sufficient if you complete 4 years, 10 months, and 18 days to become eligible for Gratuity.

Regards,
Chandru

Dear Sanjay,

Please go through this discussion: https://www.citehr.com/474051-compan...ty-amount.html. This will help and provide you with more information about Gratuity Payment.

Thank you.

Please clarify the type of company you are working for, the number of employees engaged in the establishment, and the number of days it operates in a week. According to Section 4 of the said Act, an individual will be eligible for gratuity upon completing 5 years of continuous service. However, as per Section 2A of the Act, continuous service is defined as an individual working for 240 days in a year. Additionally, there are certain conditions to be considered when computing the number of working days.

Hence, it may be challenging to provide a straightforward definition. However, if you can provide the required details, it would be helpful in determining the same. There is a relevant case law at the Mumbai High Court on this matter, where the court ruled in favor of an employee who had worked for 4 years and 190 days under a weekly 5-day working schedule, and the court mandated the payment of gratuity.

For eligibility of gratuity, you need to serve five years of continuous service. In your case, the first sentence holds good.

Please let us know about the Mumbai High Court judgment you mentioned above.

Hello Team,

I am working with Accenture, an MNC, and have recently left the organization. My Date of Joining was 25 Apr 2014, and the Last Date was 27 Nov 2018. I have completed 4 years, 7 months, and 2 days in the organization. I understand the basic rule is 4 years and 240 days (6-day working organization). I want to understand if, as my organization is a 5-day working organization, I do fit the criteria of 4 years, 190 days, i.e., 6 months, so I should get the gratuity payment.

I have received a response stating:

"Hi,
As per the gratuity act, employees who have completed 4 years and 8 months would be eligible for the gratuity amount. However, 4 years and 190 days only apply to employees who work seasonally."

Can you please clarify:
1) Can I get my PF amount? Am I eligible? (Is there any document to support this?)
2) If the organization is not helping, who can I reach out to in order to take this up and get my hard-earned money?

Regards,
Rajesh

My Payroll team is telling me that I will not get the Gratuity amount considering I have not completed 4 years, 8 months, and I am short of 24 days.