amit_gcmmf
I HAD JOINED AN ORGANISATION ON 15TH MAY, 2008 AND MY LAST WORKING DAY, INCLUDING NOTICE PERIOD WAS 14TH MAY, 2013. WILL I BE ELIGIBLE FOR GRATUITY
From India, New Delhi
srinivigna
1

Yes you are 100% eligible me also had claimed with the period of 5 years as your interval of start and end.
From India, Pune
Employment Lawyer
63

You are eligible for gratuity if you have - 1. Worked for 240 days in all the last 5 years that you have been in that job, 2. And there has been no break in service - like resignation and then rejoined in a short period etc. For that matter any reason what so ever if you have not worked 240 days in any given year will disqualify you from gratuity.
From India, Chennai
interview question
Yes, had you filled up the form to withdraw gratuity before leaving the company? If no, please contact the HR of your previous company and sort it out.
From India, Bangalore
mybusiness571
Dear, as per the rules, you are 100% eligible for service award. Based on your service length in the company I strongly believe you will be awarded 2.5 month (gross salary) out of your total service. Good luck and wait for severance.
Mybysiness571

From Saudi Arabia
IR-MANAGER
16

You are eligible as you have completed 5 years of continuous service with the same employer.
From India, New Delhi
9871103011
455

Dear Amit,
I am sorry to say that you are not entitled for the payment of gratuity under the Act. you need to complete full terms of Five year. In the last year of your service you need to calculate whether you have completed 240 days. you are not allowed to add your notice period while calculating your entitlement of gratuity.we have lot of discussions on this issue earliar.
I request to members like Kamal not to misguide the members unless you are sure of an issue under discussion. A plain reading of section 4 of the bare Act would have given you exact information.
Bs Kalsi
Member since Aug 2011

From India, Mumbai
purushothama62
3

if have continuous service for 5 years and worked minimum 240 days in a year for all the 5 years you are eligible for gratuity, just request the employer,if not approach the labour court
From India, Bangalore
IR-MANAGER
16

After verdict of Supreme Court it has clear now even if an employee worked 4 years & 8 months he is eligible for gratuity. You are entitled for Gratuity.
From India, New Delhi
9871103011
455

My dear IR-MANAGER,
You have said the same thing which I have mentioned in my earlier mail.You have said 4 Years & 8 month whereas I have said 4 years and 240 days in the last yearof his service. The main query was whether one is allowed to take into account the notice period while computing period of 5 years, which makes a person eligible to receive the amount of gratuity.The \'continuous service\' has been defined in Section 2A of the PG Act but there is no mentioned of notice period.Considering the above facts, he does not stand qualify for the payment of gratuity under the Act.
BS Kalsi
Member since Aug 2011

From India, Mumbai
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