Gratuity

SARAVANAN.R (Querist) 06 June 2011 This query is : Resolved
Sir,

I am working in a Public Ltd company here at Alleppey. My services were confirmed in Ist December 2006. So If I resign after giving 30 days notice in August 2011, will I entitled to Gratuity, as the service period will be 4 years and 6 or 7 months.Wll the service of seven months reckoned as one year.

I will be happy to hear from you.

Saravanan

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prabhakar singh (Expert) 06 June 2011
no!complete 5years needed.

Kamal Prasoon Sinha (Expert) 07 June 2011
As per Gratuity Act 1972, to be eligible for gratuity an employees needs to complete 5 years of continuos service in an organization.

But as per the judgment of Supreme Court and Madras Hig court, "an employee who completes 4 years 240 days in service is eligible for gratuity."

Most of the organizations are now paying gratuity as per the Supreme Court ruling.

Regards,
Kamal