Gratuity Eligibility After 4.5 Years: Can I Get a Notice Period Waiver Too?

Dear Professionals,

Query No: 1 Gratuity eligibility regarding,

I have completed 4.5 years. If I get relieved, will I be eligible for that benefit?

Here the notice period is 6 months. How can I get a waiver for at least 3 months? Generally, the notice period is a maximum of 3 months, but here it is different.

Regards, Vijayakumar Madhavan

Gratuity Eligibility Under the Payment of Gratuity Act 1972

Under Section 4 of the Payment of Gratuity Act 1972, gratuity shall be payable to an employee on the termination of their employment after they have rendered continuous service for not less than 5 years. Termination of employment may result from superannuation, retirement, resignation, death, or disablement due to accident or disease.

Definition of Continuous Service

Continuous service is defined under Section 2-A as a period of uninterrupted service, including service that may be interrupted on account of sickness, accident, leave, layoff, strike, lockout, cessation of work not due to any fault of the employees, and absence from duty without leave (not being absence in respect of which an order treating the actions as a break in service has been passed in accordance with the standing orders, rules, or regulations governing the employees of the establishment).

For more details, read http://www.shramsamadhan.com/p/payme...act-rules.html

Regards