Query: Gratuity

Hi All

I have a query regarding my Gratuity. I was working with the Multinational Company in Pune. I have completed 4 Years 8 months and 25 days in my tenure in the organization (Total = 1729 Days). As per labor law you should have completed 4 years and 240 days to get your gratuity. I have completed 4 years and 265 days which is sufficient to get Gratuity. But My HR Executive (person) told me that I am not eligible for the gratuity as I haven't completed 4 years 8 months as per their calculation.

My Date Of Joining = 12 Dec 2008

My Date Of Leaving = 5th Sept 2013

The way they are calculating the Gratuity like

Number of Days/365 Days(A Year)

e.g.

=1729/365

=4.7369

=4.74 Months

As per their calculation I have Completed 4.74 Months.

It should be 4.8 Months to get the Gratuity as per them. (In fact, I have completed 4 years 8 months and 25 days).

My questions are

1)Are they calculating gratuity in a right Way/Manner as per government labor law?

2)Am I eligible for to get my gratuity from the organization?



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the calculation of gratuity is on the basic+da x number if years x 15 days per year/ 26 working days ...= the amount
the eligibility is gratuity is 4 years and 240 working days ..
regds
srihari

I have replied to this query earlier also, the calculation as you mentioned as 4.74 month, it should be 4.74 years and not month, now if you calculate 4.74 years with 12 months it would be 56.88 month or 4 years and 8.88 months which is equivalent to 4 years and 9 month. The HR must be aware of this fact but must be running around the bush.

Incentive is a reward paid that motivates or encourages someone to do something for the present, while gratuity is a sum of money paid to an employee at the end of a period of employment more than 5 years as a gratitude towards that employee for the loyalty towards the company for that period.
Its like that tomorrow some employer will be of the opinion that the senior officers are paid high, so we should forego Gratuity.