Gratuity Eligibility Without EPF: Can I Claim It After 6 Years at My Job?

Tejasvi
I worked in a medium-sized Pvt. Ltd. company for 6 years. At the time of joining, they did not offer me the EPF option as my salary was more than 25k then. I used to get a salary slip every month and Form 16 every year from the company.

Am I eligible to claim the gratuity? If yes, what should I do?
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Having completed 5 years of continuous service with your current employer, you will be eligible for gratuity if you are covered under the Gratuity Act. Eligibility for gratuity has nothing to do with EPF, which requires contributions from both the employer and the employee. Gratuity is calculated at 15 days' salary for each year of completed service. However, gratuity is only payable upon separation from the current employer, whether due to resignation, termination, or other reasons.

Your only requirement is to file your nomination paper in the prescribed manner, as outlined below:

Rule 6(1) of the Payment of Gratuity (Central) Rules, 1972

This rule specifies Form F as the initial nomination format to be submitted by an employee to their employer in duplicate. The "90 days" deadline refers to the maximum time limit for submission by an employee who has been employed for a year or more on the date the Rules commenced. The "30 days" deadline applies to an employee who completes one year of service in the establishment from the date of completion.

Rule 6(3) Modification of Nomination

This rule allows for the modification of a previously submitted nomination through a fresh nomination by the employee. If the employee acquires a family after the initial nomination or if the nominee passes away before the employee, as provided in section (4), the modification should be made within 90 days of such an incident.

Thank you.
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