Gratuity

Ravi kumar thakur (Querist) 08 December 2018 This query is : Resolved
Sir,
My date of joining was 03.03.2014 & Last working date was 31.10.2018. It is a contractual job but employee code was same for whole period. I worked continuously without any unapproved leave. My company is 5.5 day working. Will i be eligible for gratuity ? Because as per calculation i have worked for 4 years & 243 days but my HR is saying that 5 years completion is required for gratuity. Please help.

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Isaac Gabriel (Expert) 09 December 2018
If the sevice of four and a half years is completed it shall be rounded of as five years which is eligible for gratuity

Dr J C Vashista (Expert) 09 December 2018
I agree with the expert advise of Mr. Isaac Gabriel, you are entitled for gratuity.

Ravi kumar thakur (Querist) 09 December 2018
Thank you very much sir, i hope my company will listen to it and provide me the gratuity.

kavksatyanarayana (Expert) 09 December 2018
As per Payment of Gratuity Act, 1972, any employees become eligible for the gratuity when he has completed five years service. The employee who has worked for 240 days in a year, then a year is treated complete year. Since you have completed four years and 240 days, you are eligible for gratuity.

Ravi kumar thakur (Querist) 09 December 2018
Thank you alot sir, your advices increasing my confidence in getting my gratuity.

Ravi kumar thakur (Querist) 12 December 2018
Sir below is response by my company & they said i am not eligible.

Dear Associate,

You have completed only 4 years 6 months.

so not eligible for gratuity.

DOJ - 03/03/2014
LWD - 31/10/2018
No of Days Worked - 1703
No of years of Service - (1703/365) 4.665753425

Ravi kumar thakur (Querist) 25 March 2019
I wish to inform that i have got the gratuity as our HR head approved 4.6 Years is equals to 5 years in round off. So i got the gratuity. I thank all experts for their great suggestions.

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