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I worked for 10 years with a proprietary company engaged in engineering consultancy and exports, having more than 10 employees. I resigned recently with a notice period of 3 months. Can I claim for gratuity? My basic salary was Rs. 4800/-, so I have calculated as follows:

4800 x 15 / 26 x 9 years (as I have completed 11 months of the 10th year). Am I correct?

From India, Mumbai
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If your company is covered under The Payment of Gratuity Act, 1972, then you will be eligible for gratuity after completing 10 years of continuous service as defined by this act.

Gratuity Eligibility and Calculation

I worked for 10 years with a proprietary company engaged in engineering consultancy and exports, which had more than 10 employees. I recently resigned with a notice period of 3 months. Can I claim gratuity? My basic salary was Rs. 4800/-. I have calculated it as follows: 4800 x 15 / 26 x 9 years (as I completed 11 months of the 10th year). Am I correct?

Regards,
R.N.Khola

From India, Delhi
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I just wanted to inquire whether a proprietary firm is eligible for the payment of gratuity. The firm in question has not allocated any funds towards gratuity nor has it registered anywhere. It has just filled up the nomination forms of employees pertaining to gratuity.


From India, Bharuch
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