Payment of gratuity

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barun maskara

audit manager

24 Points Posted on 27 November 2012

Dear All,

I am needing help in respect of my gratuity. I have rendered two years of continious service in an organnization. After that I have resigned from that organization due to some personal issues. Gratuity form part of my CTC. I have claimed from the emplyer that since Gratuity was forming part of my CTC, i will be entitled to receive my gratuity at the time of final settlement. But, employer is claiming that since I have not rendered five year of service, I will not get the gratuity.

Kindly guide me about the same.

Regards,

Barun

Replies (2)

CA Pintu Mishra

Chartered Accountant- Industry

276 Points Posted on 27 November 2012

Eligibility

Any person employed on wages/salary.
At the time of retirement or resignation or on superannuation, an employee should have rendered continuous service of not less than five years,
In case of death or disablement, the gratuity is payable, even if he has not completed 5 years of service.

You can not claim gratuity from them as you have not completed min. 5 years of service.