Eligable for gratuity

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

23 September 2011 I am rendered a continuos service from 25/09/2006 to 28/07/2011 in private company can i eligable for gratuity

Suresh G

Suresh G (Expert)
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23 September 2011 Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,-- (a) on his superannuation, or (b) on his retirement or resignation

2A. Continuous service.- For the purposes of this Act,-- (1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service,including service which may be interrupted on account of sickness, accident, leave,lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act;
(2) where an employee is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer-- (a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than-- (i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and (ii) two hundred and forty days, in any other case;

From the Dates given 25/9/2006 to 24/9/2010 confirms 4 years of Continuous service as per Sec 2A Clause(1) and from 25/9/2010 to 28/7/2011 which is Fifth year of Continuous Service having worked for more than 240 days as per Sec 2A Clause(2)(ii).

Thus you completed Five Years of Continuous Service and hence shall be eligible for Gratuity.

Querist : Anonymous

Querist : Anonymous (Querist)

24 September 2011 thank you sir