Gratuity Eligibility: Am I Entitled If I Leave on December 15, 2012?

Hi, I have a query on gratuity. I joined an organization on June 2, 2008, and would like to know whether I would be eligible to receive gratuity if December 15, 2012, is my last day in the organization.

Regards

You are not eligible for Gratuity payment as per the Payment of Gratuity Act 1972, specifically Section 4 of the Payment of Gratuity.

Gratuity Eligibility Criteria

Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years:
- (a) on his superannuation, or
- (b) on his retirement or resignation.

Regards

Mr. Vinay is right. If you are leaving the company and have already completed the period of 5 years (June 2008 to June 2012), then you are eligible for gratuity. If you are not leaving the company, you would receive the gratuity at the time of leaving. However, you will only receive it if you have completed 5 years in the same company.

Eligibility for Gratuity

Year Means:

- June 2008 to June 2009 - Year 1
- June 2009 to June 2010 - Year 2
- June 2010 to June 2011 - Year 3
- June 2011 to June 2012 - Year 4

As per my knowledge, he is not eligible in the year 2012; he is eligible after June 2013 only.

Regards

Dear Mr. BSSV,

Year Calculation for Gratuity Eligibility

June 2008 to June 2009 - Year 1
June 2009 to June 2010 - Year 2
June 2010 to June 2011 - Year 3
June 2011 to June 2012 - Year 4

As per my knowledge, he is not eligible in the year 2012; he is eligible after June 2013 only.

Regards

Please observe the words, "if you have completed 5 years!" I am just making him calculate so that he never forgets about gratuity calculation.

The minimum service period for Gratuity is 5 years. Only then will you be eligible to receive Gratuity.

Regards,
RK Vyas

Mr. Vinay is right. And if you are leaving the company and have already completed the period of 5 years (June 2008 to June 2012), then you are eligible. If you're not leaving the company, then you would get the gratuity at the time of leaving the company. But you will get it "if" you have completed 5 years in the same company.

Gratuity Eligibility Clarification

Yes, gratuity is payable after the completion of 5 years. However, if an employee has completed 4 years and 240 days in the last year, they are also entitled to gratuity. In one case, the Madras High Court held that an employee rendering continuous service for a period of one year, i.e., the fifth year, will be deemed to have continued in service for one year as stipulated by Section 2A of the act.

Regards,
Rajeev
HR