Gratuity eligibility criteria


Shubhra (IT Professional)     22 August 2019

Shubhra
IT Professional 
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Hi,

I joined an IT Company on March 16th, 2015  and my last working day is Sept 20th, 2019. The company is working for 5 days a week. Will I be eligible to claim Gratuity? How may days shortfall is there to be eligible ?

Regards,

Shubhra

An IT Employee

Kallol Sarkar (Accountant)     22 August 2019

Kallol Sarkar
Accountant 
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You have to be in 5 years continuous service in the company, to be eligible for gratuity, that you are not to be so.

Shubhra (IT Professional)     22 August 2019

Shubhra
IT Professional 
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Please refer https://indiankanoon.org/doc/1503989/

“According to Section 2A of the Gratuity Act ,An employee is eligible for Gratuity for the service in 4 yrs 6 months (in case if employee employed in an establishment which works for less than six days in a week)”.

So, I am looking for clarification about my dates.

Kallol Sarkar (Accountant)     24 August 2019

Kallol Sarkar
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You have worked 4 years 6 months 5 days.

You should have worked 5 years of continuous service to be eligible for gratuity, where continuous service means 240 days work in a calendar year.

for last period of 6 months 5 days, you have not done continuous service of 240 days. Hence not eligible.

But if you have worked, suppose, 4 years 10 months 5 days, you would be eligible for gratuity. In this case, 10 months 5 days is beyond 240 days limit. Hence 10 months 5 days would be treated as 1 full year. Hence eligible.

 

For getting gratuity, employee has to complete 5 years at a streach service with the same employer then he become eligible for gratuity. once he has completed 5 years then after that if works for 5 years 6 months and 1 day then he is eligible for for 6 years gratuity.

Read more at: http://www.lawyersclubindia.com/forum/Gratuity-eligibility-is-4-years-8-months-or-4-years-6months--33662.asp
For getting gratuity, employee has to complete 5 years at a streach service with the same employer then he become eligible for gratuity. once he has completed 5 years then after that if works for 5 years 6 months and 1 day then he is eligible for for 6 years gratuity.

Read more at: http://www.lawyersclubindia.com/forum/Gratuity-eligibility-is-4-years-8-months-or-4-years-6months--33662.asp


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