Can gratuity be paid if an employee resigns 10 days before his 5 years of service in the organisation? If he’s ready to serve one month’s notice period also
From India, Patna
From India, Patna
For gratuity purposes, service upto the last day is counted irrespective of the nature of tenure.
From India, Mumbai
1530From India, Mumbai
As per the Supreme Court guidelines, gratuity shall be payable to any employee who has put in 5 years of continuous service i.e. those who have put in 4 years and 240 days in the fifth year of services are eligible to get gratuity.
As per Sec.4 of the Act, gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than 5 years on his superannuation, retirement or resignation or on his death or disablement de to accident or disease (provided that the completion of continuous service of five years shall not be necessary where the termination of employment is due to death or disablement.
So in a nutshell, if an employee works for 4 years and 240 days in the fifth year, he shall be eligible for payment of gratuity.
From India, Madras
As per Sec.4 of the Act, gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than 5 years on his superannuation, retirement or resignation or on his death or disablement de to accident or disease (provided that the completion of continuous service of five years shall not be necessary where the termination of employment is due to death or disablement.
So in a nutshell, if an employee works for 4 years and 240 days in the fifth year, he shall be eligible for payment of gratuity.
From India, Madras
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Gratuity has to be paid after employee quits (TOI - 27-03-2021)_1.j pg
FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc