Gratuity Eligibility Dilemma: Am I Really Ineligible for Being Just 2 Days Short?

vemulakirankumar
I worked with Capgemini India for 4 years and 238 days. The date of joining was 01 April 2013, and the date of release was 24th November 2017. I resigned from Capgemini on the 14th of November and was released on the 24th. I bought out the notice period of 59 days by paying around 2 lakh rupees because the new opportunity I received required early joining.

Gratuity Eligibility Query

Now, Capgemini is stating that I am not eligible for gratuity because I didn't complete 4 years and 240 days. Can you please advise if I am not eligible, and if I am, what does the law specifically state regarding the number of days worked to be eligible for the gratuity amount? Is it strictly 4 years and 240 days? I am only short by 2 days, so are there any exceptions?
vemulakirankumar
Please note that I have bought out the notice period. Is that notice period considered as employment because, I have already paid for it?

Thank you.
nathrao
This 2 days makes all the difference.

You may not be able to get gratuity from the company.
vemulakirankumar
I heard there is a clause which says, for companies with a 5-day work week, 180 days should be considered as 1 year. Is this not applicable to me as Capgemini also operates on a 5-day work week?
nathrao
Kindly refer to this thread: https://www.citehr.com/531816-4-year...-gratuity.html

Please let me know if you need any further assistance.
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