Gratuity Eligiblity

Dear All
What is gratuity eligiblity period is it 4years 10month or 4years10month and 20days?and gratuity is calculated for your date of resignation or date releaving? Please clarify me
Amrutha V Holla

Dear Amrutha,
It's a good question. Referring to section 2A of Payment of Gratuity Act, 1972 which states definition of "continuous service" it seems relieving or resignation date doesn't matter. What matters is the date on which employee actually completed five years or 240 days in the fifth year. If he's on the job and working he should be considered for payment of gratuity.
You may also refer to another link where we discussed the subjected topic in detail.
https://www.citehr.com/457551-gratui...cable-not.html
Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)

Hi Amrutha
Gratuity is calculated from the day of joining to the day of leaving. Here resignation date doesn't count. Gratuity is calculate on last earn wages

i have left the co. without notice, i worked for 5 years and 3 month, my employer not released the gratuity and superannuation of those employees who left the co. as per there terms & conditions, and got the relieving letter too. My friend says that it depends on employer it's their choice, if they can hold the gratuity and superannuation.
Is there any way to compel them for releasing the gratuity and superannuation.
Please advice.
Kumar N.