Am I Eligible for Gratuity and Superannuation if I Resign Before Completing 5 Years?

I am about to complete my 5 years in the current organization (by 15th Feb 2015). As per the employment contract, I need to give one month's notice. If I submit my resignation on 20th Jan 2015 with one month's notice and request to be relieved on 20th Feb 2015, will I be eligible to avail Gratuity and superannuation benefits?

If you are relieved on the 20th of February 2015, your service is eligible for gratuity. What other superannuation benefits do you mean? Kindly clarify.

Regards,
Abbas P.S

Understanding Superannuation and Gratuity Eligibility

Superannuation is typically 12% of basic non-statutory benefits recommended by the government. Am I eligible for the same? Could you please help me understand the Indian government criteria for gratuity and superannuation?

By 12% of basic, do you mean PF? If so, there is no minimum service required. However, for pension fund withdrawal, a minimum of 6 months is required, which has already been completed by you.

Gratuity Calculation

The calculation for gratuity is: service x salary x 15/26.

Regards,
Abbas P.S

You must tender a notice of resignation and cite the clause on the notice period in the appointment letter and notice period/effective date of resignation. Once you mention these, there shall be no ambiguity. The effective date of resignation cannot be preponed or postponed by the employer. While payment of gratuity is a statutory requirement, superannuation is another policy of the employer, and you shall be eligible for it as per policy.

Hi, my total work experience is 4 years and 11 months. On January 26th, 2015, I will be completing my 5 years. I have put in my resignation on December 8th, 2014. My notice period is 2 months, so January 29th, 2015, is my last working day. Please let me know if I am eligible for my gratuity. I joined on February 26th, 2010, in this current company. I am awaiting your reply.

Thanks,
Thalir

Can anyone help me with my above gratuity inquiry? I'm waiting for the reply. I need to know about my gratuity amount.

Thanks & Regards,
Thalir

Gratuity Eligibility and Calculation

If you have worked for more than 190/240 days in the 5th year (depending on whether the establishment operates for 5 or 6 days a week), you should be eligible for gratuity. You may go through a comprehensive discussion at: http://www.lawyersclubindia.com/foru...yrs--28768.asp.

You may submit Form I with proper acknowledgment 30 days before the Last Working Day (LWD) and send a copy through email. Ask for acknowledgment and reply, even if by email.

Gratuity Calculation

The gratuity calculation is as follows: Gratuity = (Basic + DA)/26 * 15 * Number of years in service. Here, Basic + DA is as per the last drawn wages, and in the 5th year, since you have worked for more than 6 months, you may count the number of years as 5.

Regards