Gratuity fund eligibility- completed 4 years 10 months employment in a private company in Bangalore

I have completed 4 years and 10 months of employment in a private company in Bangalore. Would I be eligible for the gratuity amount? Please suggest.

Minimum requirement for eligibility for gratuity is 5 continuous years of service. Additionally, 240 days of service in the 5th year are also needed. As per my understanding, you are not yet eligible for gratuity. Please complete 5 years of service first.

You are eligible for gratuity if an employee completes 4 years and 6 months of continuous service in the same establishment. He is eligible to get gratuity as per the Payment of Gratuity Act 1972. Hence, an employee who has completed 4 years and 6 months continuously without any break may preferably be eligible for gratuity under the Act. If you have completed 4 years and 10 months, you are eligible. Don't worry.

Years of service are rounded down to the nearest full year. For example, if an employee has a total service of 10 years, 10 months, and 25 days, 11 years will be factored into the calculation. In your case, 4 years and 10 months completed; hence, it will be counted as 5 years.

Some High Courts have read down the eligibility of five years to be 240 days of service in the fifth. It could be that your employer may take a different view. If so, you may need to escalate the issue, legally or otherwise.

Eligibility for Gratuity

According to the Act, you need to complete 5 years from the date of starting employment to the date of ceasing employment. That is a fixed period of days.

During this period, if you have done a minimum of 240 days of paid work, including paid leave, in any one year, it will be considered as a complete year.

During the fifth year, you have completed 240 days, but you have not been in employment for 365 days, so I believe you are not eligible.

There are certain rulings by the higher courts in specific situations, but they are not applicable across the board until the Act is modified.

You are eligible for a gratuity amount from your company. Definitely, they will give you your amount.