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Can i get gratuity if i work for 4 yrs 8 months but not 5 yrs?

02 November 2016

I am an emplyee in an organization. I will complete 4 Years and 7 months this January. Just wanted to know if I am eligible to get Gratuity if I leave after 4 Years and 7 months. I do not want to lose my gratuity, and at the same time I want to switch job as soon as possible.

Thanks

Sanjay

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7 Replies

Girish (Service) (245 Points)
Replied 02 November 2016

No you are not eligibile to get the gratuity without completing 5 years of services

satya (Executive Excise) (1839 Points)
Replied 04 November 2016

If you have completed 4 yrs and 240 days (8 months) in 5th year then you are eligible to claim gratuity.

Clarity between gratuity eligibility service (5 or 4.8 yrs)?

The gratuity eligibility service as per Gratuity Act 1972 is 5 years.

But as per the judgment from Supreme Court below and the quotation from the book quoted below it seems that the gratuity eligibility service is 4 years 240 days.

"Judgment from Supreme Court:

"Yes, by virtue of the judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity."

Quotation from the book:

Law Book (Bare Act,2004) i.e. The Payment of Gratuity Act,1972 (Publisher: Law Publishers () Pvt.Ltd. 18A-S.P.Marg,Post Box-1077,Allahabad-211 001. Phone:623735,623741 Fax-0532-622276.website: lawpublishersindia.com

1. 4 years and 6 months (190 days = 1 year) where the company follows 5 day a week.

2. 4 years and 8 months ( 240 days = 1 year) where the company follows 5 day a week.

Is eligible for gratuity.The payment of gratuity ( second amendment) act, 1984 clarifies this. One needs to calculate the no of years and service completion as follows.

A company which follows 5 day week

Doj 1.05.2000 -

01.05.2000 to 30.04.2001 - worked for 190 days
01.05.2001 to 30.04.2002 - worked for 190days

If we go by the above formula and if the person does not have any break in service he will be eligible for gratuity on 01.11.2004 "

Non clarity of this rule has created confusion among a lot of employees. As some hear that some companies are following the 4 years 240 days rule, while some follow the 5 year rule. Please help remove this confusion so that nobody rights of gratuity are being compromised on.

1 Like

Prachi Bansal (3124 Points)
Replied 09 March 2021

Why is gratuity multiplied by 15?

If any employee dies in about 4 years and 6 months of giving his service to a particular organization then what will be the treatment of gratuity? Will it still be payable?

PRADIPNAIDU (Article) (26 Points)
Replied 28 May 2021

Upon Death of the employee irrespective of number of years of service, Gratuity is payable.

Prachi Bansal (3124 Points)
Replied 31 May 2021

Even if the employee just completed about a year in an organization? Is gratuity also payable in this case?

Rahul Kumar (2 Points)
Replied 11 April 2023

According to the law, the Gratuity amount is only payable to those employees who have completed 5 years working in the same organization. As per gratuity law, if you have worked less than 5 years, whether it's 1 month or 1 day you cannot claim the amount of gratuity. After five years you can easily get an abroad job. To get a job abroad you need an sop for visa. This sop helps you get visa easily by any county you choose for your next job.

Alyana Briggs (4 Points)
Replied 22 February 2024

As per the Payment of Gratuity Act, 1972, Gratuity is generally payable to an employee who has completed five continuous years of service with the same employer. However, it's crucial to note that the Act considers any service period exceeding six months in a year as a full year. In your case, completing 4 years and 8 months may be considered as completing 5 years for gratuity eligibility. It's advisable to review your limited vs unlimited contract and consult with your HR department to ensure accurate information tailored to your specific situation. Labor laws can vary, and it's essential to consider any amendments or specific provisions that may apply.