Dear seniors,
The gratuity is payable only after completion of 5 years of continuous service under the same organization. In case the employee has worked for 4 years and 9 months, can he claim gratuity? If we consider the provisions of the Industrial Dispute Act - 1948, a person who has worked for more than 240 days in continuation is deemed to have completed continuous service of one year. Can the period of 240 days in the fifth year be considered as completed service of 5 years? What are the provisions under the Payment of Gratuity Act - 1972?
Prasanna N. Pathak.
From India, Pune
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12The gratuity is payable only after completion of 5 years of continuous service under the same organization. In case the employee has worked for 4 years and 9 months, can he claim gratuity? If we consider the provisions of the Industrial Dispute Act - 1948, a person who has worked for more than 240 days in continuation is deemed to have completed continuous service of one year. Can the period of 240 days in the fifth year be considered as completed service of 5 years? What are the provisions under the Payment of Gratuity Act - 1972?
Prasanna N. Pathak.
From India, Pune
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If you have worked 240 days in the 5th year, you can claim gratuity under the Payment of Gratuity Act. If an employee has completed 4 years and 240 days in the fifth year continuously, he/she would be eligible for gratuity.
With Best Regards,
Priyadarshini
From India, Bangalore
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With Best Regards,
Priyadarshini
From India, Bangalore
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Hello Mr. Prasanna Pathak, If one has completed 4 yrs. and 240 days, can claim gratuity for full 5 years. Regards, Vaishalee Parkhi
From India, Pune
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From India, Pune
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This subject has been extensively discussed in the past on citeHR. Please search on this site to find a complete and authentic answer, which includes the Madras High Court's ruling that is currently valid.
Regards,
Suresh
From India, Pune
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Regards,
Suresh
From India, Pune
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I don't think one would become eligible to claim gratuity after 4 years and 9 months. The first criterion to accomplish is the completion of 5 years and subsequently 240 days in each year. Please read the act carefully.
Regards,
Murali
From India, Chennai
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Regards,
Murali
From India, Chennai
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Hello, Mr. Pathak.
I think the views expressed by Sri Murali are correct. The eligibility criteria for qualifying for the payment of a gratuity claim is five years of continuous/uninterrupted service. In the past, this matter was also discussed in the citeHR platform, and several valuable authentic documents, rules, and acts are available.
From India, Koraput
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I think the views expressed by Sri Murali are correct. The eligibility criteria for qualifying for the payment of a gratuity claim is five years of continuous/uninterrupted service. In the past, this matter was also discussed in the citeHR platform, and several valuable authentic documents, rules, and acts are available.
From India, Koraput
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Madam, Yes he is eligible to claim Gratuity. Please refer Madras High Court Judgement on this subject. The same is also available on this site. With Regards. PRASANNA PATHAK. 9822790693
From India, Pune
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From India, Pune
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Dear Mr. Murali, It is not necessary to complete 5 years of service. 4 years and 240 days of uninterrupted service are enough to claim Gratuity. Please read the judgment given by MHC attached hereunder. Marked sentences will provide clarity on this.
Regards, KAR [Email Removed For Privacy Reasons]
From India, Bangalore
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Regards, KAR [Email Removed For Privacy Reasons]
From India, Bangalore
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I resigned from the organization after completing continuous service of 4 years, 11 months, and 12 days. During my full and final settlement, the company refused to grant me gratuity, stating that I have not completed 5 years of service.
I have raised the issue on the grievance portal. After several reminders, I have finally received a notice from the 'Office of the Controlling Authority Under the Payment Of Gratuity Act' to appear before them with all proofs and witnesses to justify my claim.
Please suggest what I should do now?
From India, Bhubaneswar
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I have raised the issue on the grievance portal. After several reminders, I have finally received a notice from the 'Office of the Controlling Authority Under the Payment Of Gratuity Act' to appear before them with all proofs and witnesses to justify my claim.
Please suggest what I should do now?
From India, Bhubaneswar
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I resigned from the organization after completing continuous service of 4 years, 11 months, and 12 days. During my full and final settlement, the company refused to grant me gratuity, stating that I have not completed 5 years of service.
I have raised the issue on the grievance portal. After several reminders, I have finally been sent a notice from the 'Office of the Controlling Authority Under the Payment Of Gratuity Act' to appear before them with all proof and witnesses to justify my claim.
Please suggest what I should do now?
From India, Bhubaneswar
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I have raised the issue on the grievance portal. After several reminders, I have finally been sent a notice from the 'Office of the Controlling Authority Under the Payment Of Gratuity Act' to appear before them with all proof and witnesses to justify my claim.
Please suggest what I should do now?
From India, Bhubaneswar
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc