Can I Claim Gratuity for My Probation Period After Five Years with the Company?

Gratuity Claim During Probation Period

Does the probation period include the interpretation for a gratuity claim?

I spent five years with the organization, including a nine-month probationary period. PF and ESI were paid to me during my probationary period even though I was a trainee. Is there a gratuity I may receive?

Legal Steps to Claim Gratuity

How can I legally ask an organization that refuses to pay the gratuity amount?

Hi, Whether it is the training/probation period for the purpose of Gratuity calculation, your initial DOJ should be considered. So, you are very much eligible for Gratuity.

At the time of separation (resignation), you can submit Form I, which is the application for Gratuity that a resigned employee needs to submit to the Employer. In case the employer refuses to pay Gratuity, you can file a complaint with the controlling authority under the Payment of Gratuity Act, 1972.

Probation Period and Gratuity Eligibility

Your appointment letter will state that you are appointed to your position effective from the date you report for duty. The clock starts ticking from that point. The probation period may vary, with some companies even extending it to 2 years. This period will also include a training period. If an individual's performance is deemed unsatisfactory, the probation period may be extended for a few months. Upon completion, if performance remains inadequate, the employer reserves the right to terminate the employee regardless of the time served.

However, upon successful completion of the probation period, the employee's services will be confirmed. In some establishments, this confirmation may not be communicated explicitly, but appraisals and increments may follow. Probation is considered part of regular service, and full emoluments are typically paid, as detailed in the appointment letter. Therefore, there is no need to worry.

To be eligible for gratuity, completion of 5 years of continuous service is required.