Am I Eligible for Gratuity While Serving My Notice Period? Seeking Advice

Hi friends, I will be completing five years in my company on January 6th, 2015. However, I have submitted my resignation and am currently serving the notice period; January 9th, 2015, will be my last working day here. Am I still eligible for receiving the gratuity amount? If so, what is the procedure? Please advise.

Dear Karvig12, As you have been with our service for more than 5 years, you are eligible to claim gratuity.

Regards, Abbas.P.S

As per the gratuity rule, one needs to serve 240 days in each year to avail the benefit. I hope that in the last five years, you have served 240 days in each year.

Gratuity is applicable once you complete 4 years and 240 days in the fifth year, so you are eligible for the same.

Notice Period and Probation Period

Your eligibility is from the date of joining to the date of leaving.

As per the Payment of Gratuity Act 1972, Sec 2A:

• If the establishment works for 5 days/week, the employee should have worked for 190 days/year.

• If the establishment works for more than 5 days/week, the employee should have worked for 240 days/year.

If an employee has worked for more than 6 months, it shall be counted as 1 year. All weekly off days/holidays are counted in this period.

The similar issue has been discussed in detail in the following threads, and employees who persist succeed:

You may go through:

http://www.lawyersclubindia.com/foru...ays-111887.asp

The employee received the gratuity payment with interest at 10% per annum for the delayed period.

The issue has been discussed in detail on another thread as well, at:

http://www.lawyersclubindia.com/foru...yrs--28768.asp

Eligibility for Gratuity

Eligibility for gratuity is 4 years and 240 days, including weekly offs, holidays, notice periods, probation periods, etc.

Sincerely,
S. S. Rawat

I regret to note the decision to remove the responses from Gaurir and S. S. Rawat. The forum has discussed, on many occasions, the applicability of gratuity payment as per the POG Act. Gratuity is only payable upon completion of 5 years of continuous service. While one can benefit from the Madras High Court judgment, it is important to note that this judgment does not have authority beyond its jurisdiction.

My humble request to the members of the forum is that they should conduct thorough research before posting anything to ensure their posts are not misleading.

Thank you.

Regards

I have a question. Is gratuity a part of CTC, and does it get deducted from the salary every month? If an employee leaves before completing 5 years, for example, resigning within 3 years, are they eligible to withdraw their gratuity? The gratuity amount is mentioned on their CTC copy!

Hi! I am working with a Pvt Ltd company since the last 8 years. Now I have resigned from my position. I had taken unpaid leaves prior to maternity due to sickness for nearly 8 months. My management has now informed me that this period will not be counted for gratuity. Is this fair? Are they being unjust to me? Please help me.