Gratuity Eligibility for date of joining: 06/07/2012 and date of release: 09/06/2017

Hi
to become eligible for gratuity my HR is saying : date of release from company should be more than 5 years from date of joining.
My DOJ: 06/07/2012 and DOR(date of release from company): 09/06/2017. That is 4 years 11 months.
Am i eligible for Gratuity. If yes what document can i show to support and what legal action I can take.
Thanks
Chandra

As per Gratuity act, five years as minimum no of years of services for eligibility of gratuity. However in case your company is having a tie up with LIC, you can get gratuity for 4 years and 240 days. If not so, you get a direction from the labour court and based on this you can get gratuity

Kindly fill up the statutory form and submit it through the statutory authority of your area within 30 days of relieving. The authority will direct them to make the gartuity payment as per the law.

Please contact Gratuity Authority of the area discuss with him and submit your gratuity form to him, he will be able to help you.
Labour Officer/ Commissioner is the Gratuity authorioty.

Dear Member,
Gratuity shall be payable to an employee after he/she has rendered continuous service of not less than five years on retirement,resignation,termination and superannuation. Continuous service of 5 years is must. If you are from Tamilnadu, you are entitled for gratuity since there is a citation of Madras High Court which entitles payment of gratuity on completion of 4 years 240 days. But this citation will not have legal effect in other states as per law of precedent.
N.LOKANADHA BABU
MANAGER

Dear Mr Chandra, before initiating/Contemplating Legal action, you have to submit your Gratuity Claim Application under The Orissa Payment of Gratuity Rules. If Employer, Rejects your Claim on the ground that you have not completed 5 Years, you can approach Assistant Labour Commissioner/The Controlling Authority with your Petition.The Authority will adjudicate your case & will pass appropriate orders based on merit, case Laws.

Hi,
Yes, you are eligible for gratuity if you have worked for five years in that organization. You need to submit a notice for availing the benefits. Please read more in the link. https://www.stacowiki.in/en/acts/st-...tuity-act1972/