Dear Kumaresan
You are not entitle for gratuity as you did not complete the minimum of service as required under gratuity act. To get the eligibility for gratuity first you should complete 5 years of continuous service provided you should actually work for not less than 240 days in every year subject to the exceptions granted under the said act.
Here some of our collegues are confusing themselves and stating that by serving 4 yrs and 6 months service is enough to get gratuity. It totally wrong concept. After completion of 5 yrs of service and if any one complets 6 months service then only he should be paid for gratuity for six yrs.
Regards
NVRao
Hyderabad
From India, Hyderabad
55You are not entitle for gratuity as you did not complete the minimum of service as required under gratuity act. To get the eligibility for gratuity first you should complete 5 years of continuous service provided you should actually work for not less than 240 days in every year subject to the exceptions granted under the said act.
Here some of our collegues are confusing themselves and stating that by serving 4 yrs and 6 months service is enough to get gratuity. It totally wrong concept. After completion of 5 yrs of service and if any one complets 6 months service then only he should be paid for gratuity for six yrs.
Regards
NVRao
Hyderabad
From India, Hyderabad
Hi
As per act gratuity not applicable to you, it on benefit given by Act and employer to you so limit will be 5yrs you have to complete 5yrs
i have advice and as per act also is that same, no more confusion abt this topic
thanks
murali
From India, Bangalore
As per act gratuity not applicable to you, it on benefit given by Act and employer to you so limit will be 5yrs you have to complete 5yrs
i have advice and as per act also is that same, no more confusion abt this topic
thanks
murali
From India, Bangalore
Yes you are eligible for getting the Gratuity — just when u cover 4 years and 6 Months+1 day ...u are entitle for the gratuity this is legal, and affirmative Regards Raj Thaker
From India, Mumbai
From India, Mumbai
As per Payment of Gratuity Act, completion of five years continuous service is mandatory. An year is considered to be continuous when 240 days of work is performed. Similarly, any fraction of year more than six months shall be taken as a year for deciding the amount of gratuity. As such an employee who has worked for five years, six months and a day will be getting gratuity for six years. But this doesnot mean that all six months shall mean one year. In P Raghavalu & Sons Vs. Addl. Labour Court, AP, it was held that a service of 4 years, 11 months and 10 days would not make an employee eligible to get gratuity. However, in Mettur Bearsell's case, the Madras High Court held that an employee who has worked at least for 240 days in the fifth year shall be entitled to get gratuity. Following this verdict, establishments in Tamil Nadu are expected to pay gratuity to employees who have worked for 4 years and 240 days in the fifth year. But being a High Court ruling, it may not have any implication in other states.
Even if we follow it, six months and a day will not be sufficient enough to make it 240 days of work in the fifth year.
Regards,
Madhu.T.K
From India, Kannur
Even if we follow it, six months and a day will not be sufficient enough to make it 240 days of work in the fifth year.
Regards,
Madhu.T.K
From India, Kannur
hi you are eligible for bonus as per the decision from the chennai highcourt even 4 years and 06 months if completed also can treat as completed year of service .. Nimesh Paul Stringz Cochin
From India, Kochi
From India, Kochi
dear friend, you have to complete 4 year and atleast 10 month. than u can claim for graduity.
From India, Bhopal
From India, Bhopal
Dear Shri Kumaresan Ji,
Shri Madhu T. K., the Board Moderator has made the things cristal clear. While some members have expressed opinion in affirmative, some have given negative reply. I therefore request you to please file application with your former employer for payment of gratuity for 4 years and 9 months services rendered by you. Whenever you get it, please do not forget to post the news with details on this forum for information of all concerned. Your experience would be noted as a precident by all concerned, both the employees who have to leave their job before actually completing 5 year duration (short of a few days or months) as well as academicians. Best luck.
From India, Pune
Shri Madhu T. K., the Board Moderator has made the things cristal clear. While some members have expressed opinion in affirmative, some have given negative reply. I therefore request you to please file application with your former employer for payment of gratuity for 4 years and 9 months services rendered by you. Whenever you get it, please do not forget to post the news with details on this forum for information of all concerned. Your experience would be noted as a precident by all concerned, both the employees who have to leave their job before actually completing 5 year duration (short of a few days or months) as well as academicians. Best luck.
From India, Pune
Hi Kumaresan, you will not be eligible for gratuity as you have not completed the basic requirement i.e. you have not completed 5 years. GOD BLESS regards
From India, Mumbai
From India, Mumbai
dear seniors i want to know that gratuity count by which method & calculation. pls. help me.
From India, Nalagarh
From India, Nalagarh
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