Have Completed 4.5 Years. If I Get Relieved, Will I Be Eligible For Gratuity Benefit?

shan_2k3
Dear Professionals,
Query No:1 Grautity eligibility reg.,
Have completed 4.5 years. If i get relieved,i will be eligible for that benefit?
2.Here the notice period is 6 months. How to get waiver for atleat 3 months. Because generally the notice period will be maximum of 3 months. Here it is diferent.
Regards,
Vijayakumar Madhavan
Labour Law Index
Under Section 4 of the payment Gratuity Act 1972 gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than 5 years.
Termination of employment may result from
superannuation,
retirement,
resignation,
death,
disablement due to accident/disease.
Continuous service is defined under section 2-A, means a period of uninterrupted service including service which 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 break in service has been passed in accordance with d standing orders, rules or regulations governing the employees of the establishment).
For more details read Payment of Gratuity Act, Rules, Forms, Returns & All Other Information
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