Am I Eligible for Gratuity After 4 Years and 11 Months? What If My Company Refuses?

Greetings, sir,

I have worked in an organization for a period of 4 years and 11 months (includes notice period). The details are as follows:
Date of Joining: 03-Dec-2012
Date of Resignation: 05-Oct-2017
Last Working Day: 31-Oct-2017

I want to know if I am eligible for it or not. And if I am eligible, how can I claim it if my company denies giving it.

Regards,
Madhusudhana A N

As far as I know, it may please be noted that 4 years and 240 days, or 8 months, is enough to qualify for the gratuity amount. However, in the 5th year, it will be paid on a pro-rata basis as the year is not complete.

I hope this clarifies the situation. Please write an email or letter to them in the first instance and follow up. Alternatively, you can approach the concerned HR department to seek clarification, or you can approach the labor court and seek their intervention in your case.

Kindly note that there is no break in service during this period.

Thank you.

Dear Madhusudhana,

You have to submit your Gratuity claim in the prescribed form duly completed and signed to your employer. Wait for 1 month. In case your employer rejects your claim, you have to approach the Controlling Authority, i.e., Assistant Labour Commissioner concerned, with all relevant documents for adjudication of the matter.

An employee left the job in 2012. Now, he is asking for his Gratuity. Is he eligible after 6 years? Kindly help with this issue.