Am I Eligible for Gratuity After 4 Years and 243 Days in a 6-Day Work Week?

I am working in a pharmaceutical company in Maharashtra since March 10, 2011, and I will be relieved on November 9, 2015. There are 6 working days in a week. So, I want to know if I am eligible for gratuity.

Hi Buddy,

You have completed 4 years, but in the current year, you are unable (till your Nov 9, 2015) to fulfill the criteria of continuous service (240 days of working) as mentioned in the Gratuity Act of 1972. Hence, you are not eligible for gratuity.

With regards,

Mr. Thumbs Up

Sorry, you are not eligible for gratuity benefit because your service period is 4 years 8 months. As per the act, those who have a continuous service period of 5 years or more are all eligible.

You will get gratuity if the Bombay High Court has given any decision to the effect that working for 240 days in the 5th year will constitute five years of continuous service under the POG Act.

[QUOTE=rambabu.sala;2266876]
Sorry, you are not eligible for gratuity benefits because your service period is 4 years and 8 months. According to the act, those who have a continuous service period of 5 years or more are all eligible.

Sir,

Many judgments have stated that 4 years and 240 days should be considered as 5 years, making the person eligible for gratuity. Then why am I not eligible? Please revert.

Hi,

I agree with you, Sphatate. You are eligible for Gratuity in your company. Less than 4.6 years will be ignored, and after completion of 4 years and more than 6 months will be considered as a year as per the Gratuity Act.

Regards,
Birju

Sir,

Could you please guide me briefly? If my company refuses my request, what should be my next steps?

As per the various judgments, 4 years and 240 days of physical working days will be considered as 5 years of continuous service, making you eligible for gratuity. You can approach your employer to claim the gratuity.

Hi Sp Hatate,

I don't think your company will refuse to comply as per the Gratuity Act. In case it does happen, you may seek help from the controlling authority, i.e., generally the labor commissioner.

Hope this helps you. 😊 If any other options are available, please advise and request assistance from other senior officers.