Gratuity Eligibilty - have completed 4 years 245 days in my last company

Hi everyone, I have completed 4 years and 245 days in my last company. Am I eligible for gratuity as my HR is denying it, stating that I need to have 5 years of uninterrupted service?

Thank you.

As per law, you will become entitled to gratuity only when you complete 5 years of service. The interpretation of 240 days is that in order to make the service continuous, each year should have 240 days (paid days). Though the Madras High Court and Kerala High Court have interpreted the fifth year service of 240 days as one year, there has been no amendment to the Payment of Gratuity Act. Therefore, it is for you to prove that your service of 245 days in the fifth year should be interpreted as one year and you are eligible for gratuity.

Filing a Complaint
To start with, you can file a complaint before the Controlling Authority under the Payment of Gratuity Act, i.e., the District Labour Officer, Assistant Labour Commissioner, as the case may be.

Gratuity Eligibility

Gratuity eligibility depends on the employment laws of the country where you are employed. In general, gratuity is a sum of money that is paid by an employer to an employee in recognition of their long and meritorious service upon their retirement or resignation. Here are some general guidelines for gratuity eligibility in different countries:

India

In India, the Payment of Gratuity Act, 1972, provides for the payment of gratuity to employees who have completed at least five years of continuous service in an establishment with ten or more employees. The gratuity amount is calculated based on the employee's last drawn salary and the number of years of service completed.

United States

There is no federal law mandating the payment of gratuity in the United States. However, some employers may offer gratuity or a similar form of bonus to their employees as part of their compensation package.

United Kingdom

In the United Kingdom, gratuity is not a common practice, but some employers may choose to offer a bonus to their employees as part of their contract of employment.

It is important to check with your employer and the employment laws in your country to determine your eligibility for gratuity.

Get detailed information: https://hrone.cloud/payment-of-gratu...lity-and-more/