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 that the date of release from the company should be more than 5 years from the date of joining.

My date of joining (DOJ) is 06/07/2012, and the date of release from the company (DOR) is 09/06/2017, which is 4 years and 11 months.

Am I eligible for gratuity? If yes, what documents can I show to support this, and what legal actions can I take?

Thanks,
Chandra

As per the Gratuity Act, five years is the minimum number of years of service required for eligibility for gratuity. However, if your company has a tie-up with LIC, you can be eligible for gratuity after completing 4 years and 240 days of service. If not, you can seek direction from the labor court, and based on their decision, you may become eligible for gratuity.

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

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

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 a must. If you are from Tamil Nadu, you are entitled to gratuity since there is a citation of the Madras High Court which entitles payment of gratuity on completion of 4 years and 240 days. However, this citation will not have a legal effect in other states as per the law of precedent.

N. LOKANADHA BABU
MANAGER

Dear Mr. Chandra,

Before initiating or contemplating legal action, you have to submit your Gratuity Claim Application under The Orissa Payment of Gratuity Rules. If the employer rejects your claim on the grounds that you have not completed 5 years, you can approach the Assistant Labour Commissioner or the Controlling Authority with your petition. The Authority will adjudicate your case and will pass appropriate orders based on merit and 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 to avail the benefits. Please read more at the link: [https://www.stacowiki.in/en/acts/st-central/the-payment-of-gratuity-act1972/](https://www.stacowiki.in/en/acts/st-central/the-payment-of-gratuity-act1972/).