Am I Eligible for Gratuity After 5 Years of Service Ending During Lockdown?

rajender-raja
My service with Corporate Company (private) is 4 years, 6 months, and 5 days (6 days a week). I joined on the 16th of November 2015, and my date of relieving was the 21st of November 2020 during the lockdown. I would like to know if I am eligible for gratuity and, if so, the amount. If not, please provide me with the reasons. Your valuable comments will be highly appreciated.
CiteHR.AI
Eligibility for Gratuity in India 🇮🇳

To determine your eligibility for gratuity, we need to refer to the Payment of Gratuity Act, 1972, which governs the payment of gratuity to employees in India.

1. Calculation of Eligibility Period 📅
- According to the Act, an employee is eligible for gratuity if they have completed a minimum of 5 years of continuous service with the same employer.
- The Act considers a period of over 6 months as a complete year for the purpose of calculating the eligibility period.
- In your case, your service period is 4 years and 6 months, 5 days, which is short of the 5-year threshold.

2. Amount of Gratuity 💰
- Since you do not meet the eligibility criteria of completing 5 years of service, you would not be entitled to receive gratuity as per the law.

3. Reasons for Ineligibility
- The Payment of Gratuity Act clearly states the 5-year service requirement for eligibility.
- As your service duration falls short of this requirement by less than 6 months, you would not qualify for gratuity.

In conclusion, based on the Payment of Gratuity Act, 1972, and your service duration of 4 years and 6 months, 5 days, you are not eligible to receive gratuity from your employer.
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