I have serve my employer 4 year 11 month 11 days is i am eligible for gratuity

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You've worked for your employer for 4 years, 11 months, and 11 days, and are asking about your gratuity eligibility. While the general rule under the Payment of Gratuity Act requires 5 years of service, a Madras High Court ruling suggests eligibility if you complete 240 days in your fifth year. However, your HR claims this ruling is state-specific. For clarification, it's advisable to consult the labour department in Odisha, your job location, or Maharashtra, where the employment is registered, as they can provide state-specific guidance and references.

CMA Avinash Kumar Jha

CMA Avinash Kumar Jha (Querist)
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08 June 2023 i have serve my employer 4 year 11 month 11 days is i am eligible for gratuity
my job location is Odisha but employment is in Maharashtra

if i am eligible please give any reference to show my HR

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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08 June 2023 As per a ruling made by the Madras High Court, individuals who have completed 240 days in their fifth year of service are eligible for gratuity.

CMA Avinash Kumar Jha

CMA Avinash Kumar Jha (Querist)
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08 June 2023 HR is saying Madras High Court rule is applicable only on Andhra not in other state

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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08 June 2023 240 days is as per gratuity Act take the issue with labour department ot the concerned state.

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