Hello everyone, I have completed 4 years and 7 months of service with one of the IT companies. Am I eligible for gratuity? Details are:
- DOJ: 1st July, 2008
- Last date: Jan 31st, 2013
- Notice Period was from Dec 31 to Jan 31.
Am I eligible for gratuity? Any help would be appreciated.
Thanks in advance.
Regards,
Ashima
From India, Bangalore
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- DOJ: 1st July, 2008
- Last date: Jan 31st, 2013
- Notice Period was from Dec 31 to Jan 31.
Am I eligible for gratuity? Any help would be appreciated.
Thanks in advance.
Regards,
Ashima
From India, Bangalore
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Thank you, Bhandhavi, for replying back. I was working in Bangalore, i.e., Karnataka. Any help or guidance would be appreciated. My office people said only when I complete 4 years and 8 months, I would become eligible.
Regards,
Ashima
From India, Bangalore
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Regards,
Ashima
From India, Bangalore
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Hi, If you have completed 4.5 years and above you are eligibile for gratuity . after 4.5 years the remaining period is to be rounded off for calculation . Regards Rajeev Dixit
From India, Bangalore
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113From India, Bangalore
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The Act states that a fraction of a half day should be considered as a full day, and less should be omitted. If you have completed 4 years and 6 months, it means you have completed a fraction of a half year, so it will be treated as a full year. This means 4.6 equals 5 years.
Suppose you have completed 4 years and 3 months, then you have not completed a fraction of a year, which means it's less than a fraction of half, so it should be omitted. This means 4.3 equals 4 years.
Therefore, you are eligible for gratuity.
Regards,
Arun J.
From India, Hyderabad
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Suppose you have completed 4 years and 3 months, then you have not completed a fraction of a year, which means it's less than a fraction of half, so it should be omitted. This means 4.3 equals 4 years.
Therefore, you are eligible for gratuity.
Regards,
Arun J.
From India, Hyderabad
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Hi Arunji, Thanks for the update. My years come out to be 4.58. Still I believe I would be eligible. Any supporting document would help a lot. Regards, Ashima
From India, Bangalore
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From India, Bangalore
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Hi Pls note if your organisation is 5 days working then gratuity is applicable on continues service of 4 years and 190 days. Others its 4 years and 240 days
From India, Lucknow
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From India, Lucknow
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Does it apply in Noida as well? I have worked from 1st June 2007 to 11th January 2012, and my company was a 5-day working organization. Am I also eligible for the gratuity? However, my company policy stated it for 5 years.
Regards,
Hardeep Kaur
From United States
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Regards,
Hardeep Kaur
From United States
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Yes Pls go through the act.and check the Sec-2A (2) where it mentioned.......................................................
From India, Lucknow
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From India, Lucknow
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5 years needed for graduity making near 5 by rounding will not help so i understand one should not post according to their own thinking dr dave
From India, Rajkot
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From India, Rajkot
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well i also read the act so it is clearly shows service should be more than 5 years then rounding of 6 month or more applies.Am i correct?
From India, Rajkot
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From India, Rajkot
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For eligibility, one should have completed 5 years fully. Fraction of 6 months & above shall be rounded off only after your eligibility of 5 years for calculation of gratuity purpose
From India, Delhi
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From India, Delhi
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Gratuity Eligibility Clarification
You are not eligible for gratuity since you have not worked for 240 days in the 5th year. The rounding off of 6 months or more of service to one year is not for considering the eligibility of gratuity, i.e., 5 years of service, but for the computation of the number of years of service for payment of gratuity to eligible persons.
Regards,
Varghese Mathew
From India, Thiruvananthapuram
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You are not eligible for gratuity since you have not worked for 240 days in the 5th year. The rounding off of 6 months or more of service to one year is not for considering the eligibility of gratuity, i.e., 5 years of service, but for the computation of the number of years of service for payment of gratuity to eligible persons.
Regards,
Varghese Mathew
From India, Thiruvananthapuram
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Please refer to Section 4 of the Gratuity Act. You are not entitled to gratuity as you have not completed the required minimum service of 5 years. Six months rounding to one year is counted only after you complete a minimum of 5 years of initial service.
From India, Nizamabad
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From India, Nizamabad
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Eligibility for Gratuity
You are required to render 240 days of service for five continuous years. It's just obvious that within seven months of the 5th year, you cannot complete 240 days. Thus, you are not entitled. For the sake of calculation, more than six months means another complete year but not entitlement to Gratuity.
Regards
From India, Howrah
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You are required to render 240 days of service for five continuous years. It's just obvious that within seven months of the 5th year, you cannot complete 240 days. Thus, you are not entitled. For the sake of calculation, more than six months means another complete year but not entitlement to Gratuity.
Regards
From India, Howrah
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Thank you, everybody. Ordysen Sir, my company operates on a 5-day working week. In this scenario, wouldn't I become eligible after completing 190 days, considering 7 months as 7 x 30 = 210 days? Kindly clarify this point. Thanks in advance.
From India, Bangalore
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From India, Bangalore
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You are eligible for gratuity. As per the aforementioned dates, your service period is 4 years and 7 months. According to gratuity rules, a day more than 6 months will be treated as one year. Therefore, your service period, considering gratuity rules, will be 5 years. Hence, you are entitled to gratuity.
Regards,
S.N. Raju U.
From India, Hyderabad
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Regards,
S.N. Raju U.
From India, Hyderabad
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Dear Ashima please read the attachment given by Madras HC judge where it reveals the applicability of gratuity
From India, Bangalore
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From India, Bangalore
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I apologize for my previous post as I did not review your question thoroughly. Based on the mentioned dates, your service period is 4 years and 7 months. To be eligible for gratuity, you need to have served for at least 8 months, which equates to 240 days in the 5th year. Unfortunately, you have only served 210 days (7 months x 30 days). Therefore, you are not eligible for gratuity.
I have attached a copy of the court judgment regarding the number of days required to be served in the 5th year for your reference.
Regards,
S.N. Raju U.
From India, Hyderabad
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I have attached a copy of the court judgment regarding the number of days required to be served in the 5th year for your reference.
Regards,
S.N. Raju U.
From India, Hyderabad
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You have to complete 4 years and 240 days for gratuity entitlement. The fraction to round off is applicable after 5 years. For example, 5 years, 5 months, and 29 days will be considered as 5 years, while 5 years, 5 months, and 30 days will be considered as 6 years.
Thanks,
M.S. Rana
From India, Ludhiana
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Thanks,
M.S. Rana
From India, Ludhiana
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Service for 240days in a year is mandatory as far as entitlement is concerned as you are not employed in seasonal establishment.
From India, Howrah
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From India, Howrah
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From your statement, you have worked for 4 years and 7 months, and your claim is for gratuity. In one case, the judge has taken 240 days as the criteria in the fifth year, which is 80 percent attendance for 300 days, excluding 52 weekly holidays, festivals, and national holidays. You should have waited for a month, but you can approach the controlling authority. It is uncertain and may favor you or not.
From India, Pondicherry
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From India, Pondicherry
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Your are eligible for the Gratuity. Madras high court in THE MANAGEMENT OF SALEM METTUR case decided somewhere in 1995 had delivered a judgement.
From India, Tiruchchirappalli
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From India, Tiruchchirappalli
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Question About Gratuity Eligibility
I have a question: Can any employee avail gratuity while on the job? Is it necessary to resign and then claim gratuity? One of my friends has completed 5 years in Telecom in Delhi. Can she claim gratuity as she is still working with the company?
Please guide and suggest.
Regards,
Sima
From India, Raniganj
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I have a question: Can any employee avail gratuity while on the job? Is it necessary to resign and then claim gratuity? One of my friends has completed 5 years in Telecom in Delhi. Can she claim gratuity as she is still working with the company?
Please guide and suggest.
Regards,
Sima
From India, Raniganj
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Dear ashima - if you have completed 1701 days of active service then your are eligible for claiming Gratuity as per the provisions of the Act. Thanks Maj Nirmal sharma
From India, New Delhi
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From India, New Delhi
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Eligibility for Gratuity After Employee's Death
The family of an employee who died after completing one year of service is eligible for gratuity. The decision of a High Court (HC) is applicable only within its jurisdiction unless the verdict pertains to the constitutional validity of a central order or law. In the absence of a contrary decision by its own HC on the same subject, the decision of another HC will have only a persuasive effect.
In the case of gratuity, the Madras HC has correctly interpreted Section 2A of the Payment of Gratuity (POG) Act, stating that an employee with four years and 240 days of working is eligible for gratuity even without relying on the Madras HC order.
Regards,
Varghese Mathew
Baseindia Business Solutions, TVPM
[Phone Number Removed For Privacy Reasons]
From India, Thiruvananthapuram
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The family of an employee who died after completing one year of service is eligible for gratuity. The decision of a High Court (HC) is applicable only within its jurisdiction unless the verdict pertains to the constitutional validity of a central order or law. In the absence of a contrary decision by its own HC on the same subject, the decision of another HC will have only a persuasive effect.
In the case of gratuity, the Madras HC has correctly interpreted Section 2A of the Payment of Gratuity (POG) Act, stating that an employee with four years and 240 days of working is eligible for gratuity even without relying on the Madras HC order.
Regards,
Varghese Mathew
Baseindia Business Solutions, TVPM
[Phone Number Removed For Privacy Reasons]
From India, Thiruvananthapuram
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Sorry, you are not entitled to gratuity as you have not completed the minimum qualifying period of service of 5 years as per Section 4(1) of the Payment of Gratuity Act, 1972. One should not get confused by reading together the 'continuous service' contemplated under Section 2A of the Act with Section 4, as the latter is only for the purpose of arriving at the minimum number of days of service rendered in a particular stretch of period exclusive of certain periods of absence.
From India, Salem
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From India, Salem
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Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx