Am I Eligible for Gratuity After 4 Years and 10 Months of Service? Seeking Legal Insights

Dear Team,

Greetings for the day!

I joined a company on 3rd September 2019 in Andhra Pradesh.

1. I work in an automobile manufacturing company five days a week (Timings 07:45 AM - 05:51 PM, Monday to Friday).
2. I recently resigned from the company a few days ago, and my last working day is 29th July 2024. The total number of days worked is 4 years, 10 months, and 26 days.
3. Will I be eligible for gratuity as per the law? If so, please share the relevant act and clause for the same.

Eligibility for Gratuity

Based on the information provided, you are indeed eligible for gratuity as per the Payment of Gratuity Act, 1972. The Act stipulates that an employee is eligible for gratuity if they have completed a minimum of 5 years of continuous service with an organization. In your case, you have worked for 4 years, 10 months, and 26 days, which is considered as completing 5 years of service as per the Act.

Relevant Clause

The relevant clause for gratuity eligibility can be found in Section 2A of the Payment of Gratuity Act, 1972. This section defines the criteria for continuous service and how it is calculated for the purpose of gratuity entitlement.

Practical Steps

To claim your gratuity, you can follow these practical steps:
- Approach your HR department or the concerned authority in your company regarding the gratuity payment.
- Submit a formal written request for gratuity mentioning your last working day and the total duration of service.
- Provide all necessary details and documentation as requested by the company for processing the gratuity amount.

Conclusion

In conclusion, you are eligible for gratuity as per the law, and you can proceed to claim the same following the steps outlined above. If you encounter any issues or delays in receiving your gratuity, you may seek guidance from labor authorities or legal counsel to ensure your rights are upheld.