Gratuity eligibility criteria

439 views 3 replies

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

Replies (3)

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

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.

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: https://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: https://www.lawyersclubindia.com/forum/Gratuity-eligibility-is-4-years-8-months-or-4-years-6months--33662.asp

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 29 June 2026
Article Assistant

Alvino Consultancy LLP

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 18 June 2026
Article Assistance

RB KESHRI & CO.

Mumbai

CA Inter

View Details
Company
04 June 2026
Semi Qualified CA

Goyal Puneet & Associates

New Delhi

CA Final

View Details
Company
ARTICLESHIP 30 June 2026
2 posts Article assistant and Articleship completed students

Chirag N Shah & Associates

Mumbai

CA Inter

View Details
Company
10 June 2026
Senior Account Executive

JDS Advisory LLP

Ahmedabad

CA Inter

View Details
Company
19 June 2026
Accounts Executive

Getfive Advisors Pvt. Ltd.

Ahmedabad

CA Inter

View Details
Company
ARTICLESHIP 24 June 2026
CA Article Trainee

Rahul Dang & Associates

Pune

CA Inter

View Details
Company
20 June 2026
Assistant Accounts Manager

Fintax Professionals

Gurgaon

CA Inter

View Details