Dear All,
My name is Rahul, and I'm from Indore (M.P.). I have completed 4 years and 7 months with my current organization. Now, I'm looking for a job change.
If I leave my current employer, are they liable to pay me gratuity or not?
Please help.
From India
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My name is Rahul, and I'm from Indore (M.P.). I have completed 4 years and 7 months with my current organization. Now, I'm looking for a job change.
If I leave my current employer, are they liable to pay me gratuity or not?
Please help.
From India
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For this span of service you will not be entitled to have gratuity from this current employer under the Payment of Gratuity Act, 1972. R N KHOLA
From India, Delhi
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424From India, Delhi
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Hi, Now that you have completed 4.7 years please be patient for another 5 months so as to get eligible for Gratuity and then you may look for a change.
From India, Madras
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From India, Madras
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Dear Member,
You are eligible for gratuity depending on the number of working days in your company. If your company operates six days a week, then you should complete four years and eight months to be eligible for gratuity. On the other hand, if your company operates five days a week, you only need to complete four years and six months to qualify for gratuity. I hope this clarification is helpful.
Thank you,
P. Karunakaran
From India, Chennai
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You are eligible for gratuity depending on the number of working days in your company. If your company operates six days a week, then you should complete four years and eight months to be eligible for gratuity. On the other hand, if your company operates five days a week, you only need to complete four years and six months to qualify for gratuity. I hope this clarification is helpful.
Thank you,
P. Karunakaran
From India, Chennai
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It is ideal that you should try to complete 5 years. Yes, there are decisions of Kerala and Madras High Courts to the effect that completion of 240 days of service in the fifth year makes the employee eligible. However, the decisions are binding only in those States.
Of course, these decisions are of persuasive value, and other High Courts as well as the Supreme Court may follow and uphold the ratio if the matter could be escalated to that level.
From India, Kochi
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Of course, these decisions are of persuasive value, and other High Courts as well as the Supreme Court may follow and uphold the ratio if the matter could be escalated to that level.
From India, Kochi
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc