Gratuity Eligibility - Experience Including Training Period Is 5 Yrs 5 Months

Hello friends, I have joined company as a trainee for one year i.e. from dec 2011 to nov 2012. After completion, they confirmed me as a regular employee from dec 2012. Now i am resigning this month i.e. April 2017. My total exp including training period is 5 yrs 5 months. I want to know If i am eligible for gratuity amount or not?
Best regards,
Amit Singh

Payment of Gratuity Rules and Due Dates
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.
As held in the case of darshan Engineering Works vs controlling authority where an employee continues to work after superannuation he will be entitled to gratuity for the entire period and not only up to his superannuation.
Read This Payment of Gratuity Act, Rules, Forms, Returns & All Other Information

Dear Aflatun18,
You are eligible for Gratuity. As per the Act all employees (other than Apprentice) employed in any Establishment, Factory are eligible for gratuity after completing “5 years” of continuous service.
Here the important point is that whether you have sufficient docs to prove your training period in the company. (Like format appointment letter, salary transfer to your bank, salary slip, attendance etc.). Hope you will easily get your gratuity.

Dear Amit,
As per gratuity judgement held in the court of law, gratuity can be claimed if employee had worked for 4 years and 240 days. In your case training period will not be considered for calculation of gratuity.

You have mentioned that you joined as a "Trainee" Whether this Training was under Apprentices Act? what was the nature of Training? What is the Date of Joining mentioned in your Pay Slip? was there continuity of service from December-2011? During Training period you were Paid Stipend or Salary? whether you were covered under EPF during Training Period?
In your Appointment letter is there any mention about successful completion of 1 year training Period.When you raise questions about legal aspects, we have to peruse the available documents before coming to conclusion

Your date of joining (even though as a trainee) is Dec 2011 and last date of work is April 17. Unless you were appointed initially under the Apprentices Act, you period of service will be considered from Dec 2011 till April 17, which comes to 5 years and 4 months. Since you have worked for 5 years, and in the 6th year you have worked for only 4 months for the purpose of calculation total 5 years will be considered.
So in my opinion you will be entitled to gratuity for not completing 5 years of continuous service provided that your initial period between 2011-12 as trainee was not under the Apprentices Act.

1. If you were given letter of Trainee by the company HR, and, PF/ESI/PT etc were being deducted from your salary every month then you were not a trainee.
2. In the above situation your training period will be considered for the purposes of gratuity.
3. You have pay slips to prove the above.

Hi,
In India, the Payment of Gratuity Act, 1972 is the act that governs Gratuity and this applies to factories, mines, oil fields, plantations, ports, railways, motor transport undertakings, companies, shops, or other establishments, for payment when an employee has worked for 5 years of continuous service in that company. Hence, for the same you need to first clear out whether you are under probation or confirmed. And if you have been confirmed since 5 years only then are you eligible for gratuity. For your reference, check the link https://cdn2.stacowiki.in/media/file...tuityrules.pdf.

Dear All,
I was not under Apprenticeship act.
I was given a stipend.
During training, PF or ESI were not deducted.
And there was no gap between my training and Confirmation.
Thank you for your replies.

Hi
With regard to training period for Gratuity, PFA copy of Allahabad High Court Judgement which may be useful for you. Regards.
N Nataraajhan, Sakthi Management Services (Hp : + 91 94835 17402)