Gratuity rules in india

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The current rules for Gratuity say that if an employee has been in continious service for 5 years, he/she is entitled to gratuity. My question is in two parts:

1. What happenes if an employee has been in service for 4 years and 8 months? Is he not entitled to gratuity?

2. I had read of a supreme court ruling that stated that if someone has been in continious service for 240 days then they are considered to be in continious service for 1 year. Does this apply to gratuity?

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https://www.citehr.com/95035-eligibility-gratuity-4-years-8-months-20-a.H T M L

 

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