Advice To Avail Gratuity & Superannuation

I am about to complete my 5 years in current organization (by 15th Feb 2015). As per employment contract I need to give one month notice. If I put my resignation on 20th Jan 2015 with one month notice and ask to relive on 20th Feb. 2015 then shall I am eligible to avail Gratuity & superannuation benefits?

Dear Ashlesh.Phadtare,
If you relieve on 20th Feb 2015, your service is eligible for gratuity. What other superannuation benefits you mean? Kindly clarify.
Abbas.P.S

superannuation is 12% of basic non statutory benefits recommended by government.
Can I eligible for the same?
could you please help me what will be the Indian government criteria for Gratuity & superannuation...

Dear Ashlesh.Phadtare,
By 12% of basic, you mean PF? If so there is no minimum service required. But for pension fund withdrawal, minimum 6 months is required which is already completed by you.
Gratuity calculation is, service x salary x 15/26
Abbas.P.S

You must tender notice of resignation and cite clause on notice period in appointment letter and notice period/effective date of resignation.....
Once you mention these there shall be no ambiguity...
The effective date of resignation can not be prep ones or postponed by employer....
While payment of gratuity is a statue...... Super annulation is another policy of employer and you shall be for it too as per policy.....

HI my total work experience is 4 years 11 month, if this january 26th 2015 i will be completing my 5 years.i hav put on resignation on Dec 8th 2014.my notice period is 2 months so jan 29th 2015 is my last working day..please let me know will i elligible for my gratuity.i hav joined Feb 26th 2010 in this current company.im awaiting for your reply
Thanks
Thalir

Hi,
Can anyone help me with my above gratuity enquiry...im waiting for the reply..... i need to know about my gratuity amount...
Thanks & Regards
Thalir

@ Thalir,
Pls always initiate a new thread.
If you have worked for more than 190/240 days in 5th year (if establishment works for 5/6days in a week) you should be eligible.......
You may go thru a comprehensive discussion at:
http://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp
You may submit FormI under proper acknowledgment 30 dasy before LWD and a copy thru email and ask for acknowledgment and reply even if by email .......
Gratuity = { (Basic+DA)/26*15*No. of years in service}
Here basic +DA is as per last drawn wages................and in 5th year since you have worked for more than 6 months you may count no. of years as 5....