Sir, one employee has worked 4 years & 6 month and he is being retrenched due to completion of construction work whether he is eligible to get gratuity?
From India, Noida
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1From India, Noida
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NO GRATUITY ENTITLEMENT ONLY AFTER 5YEARS CONTINIOUS SERVICE. HE MAY BE PAID OTHER BENEFITS DUE TO COMPLETION OF PROJECT BUT NOT GRATUITY AMOUNT.
From India
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From India
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As per the latest amendment in the Gratuity Act of 1972, the eligibility for gratuity is 4 years and 240 days. Based on your query, he is not eligible for gratuity as he has completed 4 years and 180 days. I would like to advise seeking expert advice or legal counsel to check if there is any rule under the retrenchment clause before making any decision.
From United Kingdom, London
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From United Kingdom, London
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Gratuity on Retrenchment in closure of unit-SC judgment.docx
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf