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Dear All, I want know that wahter gratuity is payable to an employee who has worked for 4 year 7 month in the company. Please clear my query by reply to my question. Regards, Pramod Patil
From India, Pune
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Hi Pramod as per the Gratuity act an employee should complete 5 years of services. so as per your question gratuity is not payable who has complete 4 years and 7 months. thanks Anita

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Dear Mr. Patil,

As per the amendment in the Gratuity Act, gratuity, in this case, is not payable. If an employee has worked for a minimum period of 4 years and 240 days, he would have been eligible for gratuity. On completion of the 5th year, if he works for another 6 months, he would become eligible for the full benefit of 6 years.

Regards, AS
Email: avinash09babbi@gmail.com

From India, Rohtak
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Dear Pramod Patil,

As per the Gratuity Act, the eligibility criteria state that gratuity shall be payable to an employee upon the termination of his employment after he has rendered continuous service for not less than 5 years. Therefore, for an employee to become entitled to the payment of gratuity, he must have rendered continuous service of at least 5 years. The completion of continuous service of 5 years is not necessary where the termination of the employment of an employee is due to his death or disablement. However, if an employee has completed 4 years and 240 days of continuous service in the 5th year, he is eligible for the gratuity.

Regards,
Vasu Gollapalli
9959654284

From India, Mumbai
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Dear Mr. Patil,

The minimum qualification for the payment of gratuity is five years of continuous service with an organization. Hence, I am afraid, in this case, the said employee is not eligible for gratuity.

Regards,
RJ Nair

From India, Bangalore
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avinash and vasu can you please clarify as to how this 240 days are calculated? are they counted only for the working days or 240 days of a year?
From India, Bangalore
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Hi,

Gratuity is not payable for 4 years and 7 months of service in general as 5 years of service are not completed. However, if an employee dies or is dismissed due to total disablement, gratuity is payable for 4 years and 7 months of service.

From India, Mumbai
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Sundays, national holidays & weekly off days have to be included in computing the period of 240 days.
From India, Delhi
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This is very good and actual eligibility of Gratuiaty And if emplyee terminated by comapny after 4 year and 6 month He is also eligible for Gratuaity Ashok
From India, New Delhi
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Please refer to the case of Labour Officer vs. Mettur Bearsell, Madras High Court 1998. The judgment clearly states that if someone has completed 240 days in the 5th year and remains in continuous service, they must be paid gratuity as per the computation of 5 years.
From United States, Denver
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Dear Patil,

Just relax. The said employee is not eligible for gratuity. An employee is eligible for gratuity only when he completes 4 years and 240 days (240 days means days for which salary paid). Hence, in your case, you need not pay. Feel free to call or contact on any topic.

Regards,
A. Elangovan

From India, Madras
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Dear, It will be payable because after 6 month it will consider 1year and after 5year service Gratuity become payable. Kindly see Gratuity Act for more detail. Joginder Singh
From India, Gurgaon
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Gratuity is payable for an employee if they have worked for 4 years and 8 months (240 days). Normally, in staff cadre, an employee is paid full salary inclusive of leave; hence, they are eligible for gratuity after working for 4 years and 8 months.

Regards,
Kishore

From India, Mumbai
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Hi All I understand that Gratuity act has been amended and anybody having worked for minimum 3 years is eligible. I am myself not sure about it...Can anybody confirm in same. regards Munish
From India, Pune
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Hi all,

Can anyone clarify whether gratuity is applicable to which category of employees and for what type of service? I mean, is it only for government employees, employees of limited companies (private jobs), or employees of private limited companies (private jobs)?

From India, Delhi
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