Respected Sir/Madam
I have join X Company from 15 June 2006 TO 30 April 2011. My prohibition period is 6 months at the time of joining after prohibition period company confirm my job and issue letter.
My question is that, am i eligible for gets gratuity from my X employer?
Regards
Parvin Kumar
As per section 4(2) of teh Gratuity Act, an employee is eligible for gratuity is he works wiht the organization for a continuoous period of 5 years. However as per the SC ruling if an employee serves for a continuous period of 340 days in the 5th year, then he is said to be eligible for receipt of gratuity.
In your case if you have worked for a continuous period of 240 days in the 5th eyar, then you are eligible for gratuity.
if ur company work for 5 days a week you will be eligible for gratuity if you have worked for a period of 190 or more in the 5th year.
From the facts given by you,you have worked for 320 days(approx) in the 5th year including paid closed days and paid holidays.
So you should be eligible for gratuity provided you have not taken un-authorised leave or other absences causing discontinuity of service.
kkm
CAclubindia
