Can i claim my gratuity in four years service, because my working days is 1200. And according to gratuity act 240 days in year for gratuity claim is considered present or pay days.
From India, Meerut
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From India, Meerut
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Hi, 5 years of continuous service with same employer is must to claim Gratuity. Total continuous five years service is the criteria.
From India, Madras
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1015From India, Madras
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No, you cannot take the total days and divide it by 240 to establish that you have worked for 5 years. The basic requirement to qualify for gratuity is 5 years of service. Once you complete 5 years, then you can see whether each year has at least 240 days so that you can assure continuous service.
From India, Kannur
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As per the High court Judgment minimum 4 years and 240 work days is required to get the same. Sandeep Tomar Head HR, Legal, HR, HRBP
From India, Delhi
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From India, Delhi
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Minimum four years of continuous services and at least 240 work days in the fifth year, shall make you qualify to receive payment of gratuity.
From India, Aizawl
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From India, Aizawl
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There are two high court verdicts, Mettur Bearsel's case from Madras High Court and Sreeja's case from Kerala High Court, which state that 240 days of service in the fifth year shall qualify for gratuity. However, there is no such verdict from the Supreme Court, nor has there been any amendment made to the Payment of Gratuity Act based on these judgments. The dictum of a court should be considered as a precedent, but I do not believe that it establishes a law. Based on these judgments, the controlling authorities of the Payment of Gratuity Act in these states may issue orders, but it is a legal matter whether it will have universal applicability. It can be used as a citation but does not constitute an established fact.
A plain reading of the Payment of Gratuity Act reveals that 240 days in 12 months would only ensure continuous service. Therefore, it should only be considered in determining whether the employee has continuous service and not for determining their qualifying service. The qualifying service is five years, and within these five years, each year should consist of at least 240 days. However, the aforementioned verdicts have considered 240 days to constitute a year's service. This is a debatable point.
From India, Kannur
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A plain reading of the Payment of Gratuity Act reveals that 240 days in 12 months would only ensure continuous service. Therefore, it should only be considered in determining whether the employee has continuous service and not for determining their qualifying service. The qualifying service is five years, and within these five years, each year should consist of at least 240 days. However, the aforementioned verdicts have considered 240 days to constitute a year's service. This is a debatable point.
From India, Kannur
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Hi,
I would like assistance in determining my eligibility for gratuity based on my employment dates. I was employed with my most recent company from December 4, 2017, to August 19, 2022. I want to know if the previous 6 months, starting from December 4, 2022 (which marks the completion of my 5th year), are considered for determining "continuous service," or if the 12 months from December 4, 2022, are considered. If the 6-month period is considered, I would not meet the criteria of 120 days. However, if the 12-month period is considered, I would meet the criteria. Therefore, I need assistance in determining whether I am eligible for gratuity.
I am referring to this document: https://labour.gov.in/sites/default/files/the_payment_of_gratuity_act1972.pdf
Thanks,
Regards,
Prasanth
From India, Hyderabad
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I would like assistance in determining my eligibility for gratuity based on my employment dates. I was employed with my most recent company from December 4, 2017, to August 19, 2022. I want to know if the previous 6 months, starting from December 4, 2022 (which marks the completion of my 5th year), are considered for determining "continuous service," or if the 12 months from December 4, 2022, are considered. If the 6-month period is considered, I would not meet the criteria of 120 days. However, if the 12-month period is considered, I would meet the criteria. Therefore, I need assistance in determining whether I am eligible for gratuity.
I am referring to this document: https://labour.gov.in/sites/default/files/the_payment_of_gratuity_act1972.pdf
Thanks,
Regards,
Prasanth
From India, Hyderabad
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You have 4 years (from 4th December 2017 till 3rd Dec 2021) and 8 months and 15 days (from 4th December 2021 till 19th Aug 2022) of service. The fifth year accounts for more than 240 days of service. If you had no loss of pay leaves, then applying the principles and interpretations in the above-referred cases, i.e., if the employee has worked for 240 days in the fifth year, you will qualify for gratuity.
From India, Kannur
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An employee had worked in an organization for 12 years. During the 12-year service period, he had completed 240 days only in four years. The rest of the time, his working days were below 240 days each year.
Is he entitled to gratuity for the 12-year service period?
From India, Calcutta
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Is he entitled to gratuity for the 12-year service period?
From India, Calcutta
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If the service break was recorded, then he will not get gratuity. What is required is that the employee should be in service. An employee will be in service even if he is not employed. If the service is broken by way of a letter, then he will lose gratuity. At the same time, the employee will be in service but during 12 months, he may be employed for less than 240 days. In such an eventuality, the employee is deemed to be in service, and he will be entitled to get gratuity.
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Minimum Qualifying service for Gratuity under the Payment of Gratuity Act.docx
Less than 5 years service - Eligibility for payment of gratuity.pdf
Payment of Gratuity Act, 1972 & The Rules.ppt