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Gratuity claim - 4 years 9 months and 15 days

Labour & Industrial 421 views 3 replies

Hi,

 

I have been working for one of the Leading MNC since 5th September, 2011. Now I am serving my notice period and will be relieved by 20th June,2016.

Hence I am going to end up my office tenure by 4 Years, 9 moths and 15 days. 

Now my Question is whether am I eligible for Gratuity or not.

If I am eligible but still I don't get it from my company, what are the actions that I can take? 

Thank you so much for answering.

 

Regards,

Kumar 

Replies (3)

hello,

 

you need to complete 5 years in an organisation

5 Years Continuous Service

To be eligible for gratuity, you must complete 5 years continuous service. 6 months of a year can be counted as one year. If you have completed 4 years and 7 months in service, you will get the gratuity.

Continuous service means uninterrupted service. But, it does include the interruption due to, leave, sickness or accident. The strike, lay-off, or a lockout is also not considered as interruption. Indeed, any interruption which is not due to the fault of the employee, would not be counted.

Hello Sharma sir,

 

I have a similar query, I have worked in my organization for 4 years 7 months and 2 days. But HR of my company has informed me that I should have worked for 4 years and 240 days to be eligible for Gratuity payment. This is written in our company policy as well. I came across your reply. Can you please help me with next steps that I can take also can you guide me to appropriate section of law so that I can reason out with my employer.

 

 

Regards,

Vipin Verma 


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