if any employee has completed 4 years and 10 months and left the job, he will be eligible for gratuity or not? have any judgement?
From India, Chandigarh
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From India, Chandigarh
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An employee who has completed 4 years and 10 months and left the job will be entitled to receive gratuity if they have worked for 240 days in each of the four years and also for 240 days in the ten months after four years.
Regards,
From India, Madras
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181Regards,
From India, Madras
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if he compleated 4 years 5 months 15 days can be considered as 5 years & he is entitled for gratuity
From India, Coimbatore
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From India, Coimbatore
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Dear Mr Dineshpillai If he had worked for 4 years 5 months and 15 days, he would not have completed 240 days during the last year and therefore will not be entitled to get gratuity. With regards
From India, Madras
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From India, Madras
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Harikrishnan Sir’s reply is the correct rule. The employee needs to have worked for 240 days in the fifth year to be eligible.
From Netherlands
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From Netherlands
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Dear Challagolla, any employee who has completed 4 years and 240 days is eligible for gratuity as per the different High Courts and the Supreme Court. 240 days of working in a year make it a whole year of service as per the Law of the Land.
From India, New Delhi
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From India, New Delhi
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Madras High Court Judgment on Gratuity Eligibility
As per the Madras High Court judgment (1998 LLR 1072), if a person works for 4 years and 10 months, they would have completed 5 continuous years of service (assuming they worked for 240 days in the preceding 12 months), and the person would certainly be entitled to Gratuity. In case they are working in an establishment that operates 5 days a week, instead of 240 days, you would need to factor in 190 days as the basis for deciding a completed year of service. Days on which they were sick or on authorized leave would also be counted as days worked. A person having worked for 4 years and six months (less than 240/190 days) would certainly not be eligible for Gratuity.
Regards,
Dr. R. Krishna Murthy
From India, Mumbai
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As per the Madras High Court judgment (1998 LLR 1072), if a person works for 4 years and 10 months, they would have completed 5 continuous years of service (assuming they worked for 240 days in the preceding 12 months), and the person would certainly be entitled to Gratuity. In case they are working in an establishment that operates 5 days a week, instead of 240 days, you would need to factor in 190 days as the basis for deciding a completed year of service. Days on which they were sick or on authorized leave would also be counted as days worked. A person having worked for 4 years and six months (less than 240/190 days) would certainly not be eligible for Gratuity.
Regards,
Dr. R. Krishna Murthy
From India, Mumbai
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If he has completed 4 years and 6 months, he is eligible for gratuity. Alternatively, he should have completed 240 days over the past 4 years to be eligible, including the total number of government holidays and week holidays. I hope this information is useful.
From India, Coimbatore
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From India, Coimbatore
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R/Sir, I have worked as Lecturer from 01-08-2001 to 20-07-2011 in Self finance polytechnic run by trust in haryana. is I am eligible to get gratuity under gratuity act
From India, Haridwar
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From India, Haridwar
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Yes you are eligible for the gratuity provided if you have completed 240 days in these 10 months. For your reference i am attaching Madras High court judgment copy.
From India, Mumbai
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From India, Mumbai
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Dear sir As per Rule Gratuity given to those employee who continue service in a company 5 year and after 6 months we count 1 year after 4year and 6 months employee is eligible for gratuity thanks
From India, Chandigarh
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From India, Chandigarh
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The person has to complete 240 working days in the fifth year also, then only he will be eligible for Gratuity. kumar
From India
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From India
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Even in the case of an establishment that operates for 5 days a week, an employee would be deemed to have completed one year of continuous service only if they have worked for 240 days and not 190 days. Factoring in 190 days is not permissible. Section 2A of the Payment of Gratuity Act, as amended, specifically states which days could be counted for reckoning 240 days and the circumstances in which a particular type of absence would be regarded as a break in service. Section 2A of the Payment of Gratuity Act does not contemplate factoring in 190 days.
With regards,
From India, Madras
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With regards,
From India, Madras
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Gratuity calculation.doc
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