Gratuity

prakash (Querist) 16 July 2014 This query is : Resolved
Respected sir/madam,I am prakash sathvara, i had work 4 years 356 days only 9 days less in 5 years in UPL LIMITED COMPANY, BHARUCH(GUJARAT) without any break.i resign in that company with one month notice period completes 4years 356 days. MY company didn't gave my gratuity.SO, by indian labour&service law, can i have my gratuity or not?

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Dr J C Vashista (Expert) 17 July 2014
Yes you can get the gratutity, apply.

V.T.Venkataram (Expert) 17 July 2014
For gratuity calculation, an year is NOT 365 days, and it is 26 days in a month, and the formula is
your lat drawn monthly salary divided by 26 x15xnumber of years of service.In your case,you have worked than more than 5 years as per of gratuity act,

Rajendra K Goyal (Expert) 17 July 2014
You are entitled to the gratuity, claim the same.

ajay sethi (Expert) 17 July 2014
yes you are entitled to gratuity

Guest (Expert) 17 July 2014
You are entitled to claim gratuity.

T. Kalaiselvan, Advocate (Expert) 17 July 2014
I agree with experts that you are entitled to gratuity amount. Expert Mr. Venkatram 's calculation is an illustration to your query.