Would I Be Eligible To Get Gratuity If 15 December 2012 Is My Last Day

vinaybhandari
Hi, I have a query on Gratuity. i have joined an organization on June 2, 2008 and would like to know that whether I would be eligible to get gratuity if 15 december 2012 is my last day in an organization.
regards
vinay.m
Dear Vinaybhandari,
You are not eligible for Gratuity payment as per the Payment of Gratuity Act 1972,
As per the Section: 4 of Payment of gratuity.
1) 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
BSSV
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 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 5years in the same company......
vinay.m
Dear Mr.BSSV,
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
BSSV
please observe the words, "if" you have completed 5 years!! I am just making him calculate so that he never forgets about gratuity calculation...
rkvyas_anu
Dear BSSV
minimum service period of Gratuty is 5 years
than only u will get Gratuty
RK Vyas
BSSV
"""""""""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 5years in the same company......
rajeevdhn.kumar
dear all,
yes,gratuity is payable after completion of 5 years but if an employee has completed 4 years and 240 days in the last years then he is also entitled for gratuity .in one case madras high court has held that an employee rendering continuous service for a period of one year i.e fifth year will be deemedto have continued in service for one year as stipulated by section 2A of the act
regards
rajeev
hr
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute