Gratuity Eligibility Confusion: Is My Retired Employee Entitled to It?

Gratuity Eligibility Query

This is Shyam. I have a doubt regarding gratuity. Last month (May-13), one employee retired from my company. He joined on 01.11.2010 as a Manager. Is this employee eligible for gratuity? Please suggest.

Thanks & Regards,
Shyam

No, he is not eligible for gratuity as per the Gratuity Act.

Regards,
Vishnu

I agree with Vishnu. He is not eligible for gratuity since he did not complete the minimum qualifying period.

The Gratuity Act clearly mentions that a person is eligible for gratuity only after the completion of 5 years of continuous service. Here, the mode of separation (resign, retire, terminate, etc.) is not a criterion for eligibility unless it's a death case.

Regards,
Ketan Shetty