Am I Eligible for Gratuity After 4 Years and 7 Months of Service? Seeking Advice

Hey, my date of joining was 21st July 2014, and the date of termination is 7th February 2019. I have completed 4 years, 7 months, and 16 days. Am I eligible for Gratuity?

Thanks in advance for your guidance.

Replies to similar queries are plentiful on this site.

5 years of continuous service is the minimum eligibility condition with 240 days in the last year of service.

Dear Member,

It will depend upon whether your company is working for 6 days or 5 days a week. If your company is working for six days, then you have to complete four years and eight months. On the other side, working for 5 days a week, then you have to complete four years and six months to get Gratuity. I hope this is clear.

No, you are not eligible as the service period is less than 5 years.

Some High Courts, like Kerala and Madras, have held that only 240 days of working in the fifth year are enough to constitute 5 years of continuous service for eligibility for gratuity. In those states where the High Courts have made such a verdict, 240 days in the 5th year are sufficient. However, in other states, full service in the 5th year is required as there is no Supreme Court decision on this subject.

In the instant case, the employee is not eligible.