Am I Missing Out on Gratuity by Just 15 Days? What Can I Do About It?

My Date of Joining (DOJ) is 20 March 2017. Last Working Day (LWD) will be 31 August. My organization has a gratuity eligibility of 4 years and 181 days. I will complete 4 years, 5 months, and 12 days, just falling short by about 15 days for gratuity eligibility.

Am I eligible for gratuity? If not, what would be the solution to claim gratuity?

Dear Anagha, in the first place, when a compulsory minimum qualification to get a right or benefit is clearly prescribed in any terms like age, total period of service, etc., the claimant should possess it before staking the claim. If the person falls short of this even by a certain number of days, it means that he lacks the minimum qualification for the right or benefit.

Second, when you know very well that to be eligible for gratuity, you have to render a minimum qualifying service before the termination of your employment and the intended termination is by way of your resignation, you ought to have planned in advance the relieving date so as to acquire the minimum qualifying service for gratuity. I don't think any legal solution based on some relaxation or concessional treatment in this regard is possible.