The eligibility criteria for gratuity is the completion of a minimum of 5 years of continuous service with the employer. For less than 3 years, gratuity will not be applicable. Please check your appointment order to determine if gratuity is part of the gross salary or the cost to company (CTC) salary. Nowadays, employers who have a tie-up with LIC under a Group Gratuity Scheme show the premium charges payable to LIC under the CTC component (monthly or yearly). If it is part of CTC, then you can't claim it, whereas if it is part of the gross salary (which is highly unlikely), then you can demand it from your employer.